Kennard

MEMORANDUM *

Defendant-Appellant Tony Allen Kennard (“Kennard”) appeals from the judgment of conviction and the sentence imposed by the district court, entered pursuant to his guilty plea agreement on six counts of visa fraud and two counts of transportation of minors for illegal purposes in violation of the Mann Act. Kennard contends that he has the right to appeal, notwithstanding the fact that he waived his right to do so in the plea agreement, because his guilty plea was involuntary. Despite the fact that he was sentenced within the appropriate Sentencing Guidelines range, Kennard further asserts that the district court improperly denied several bases for a downward departure. We affirm.

I

Kennard did not expressly object before the district court on the ground that his guilty plea was involuntary, nor did he move to withdraw it. In the plea agreement, however, Kennard reserved his right to appeal his conviction and sentence on the ground that his plea was involuntary. Because we consider that reservation to recognize the due process interest in entering a plea free of coercion, we deem the issue properly preserved for appeal. Accordingly, we review de novo whether the plea…