Herrera-Paz

United States v. Herrera-Paz

Good Law
54 F. App'x 639
United States Court of Appeals for the Ninth CircuitJanuary 15, 2003No. 02-10219; D.C. No. CR-01-20105-RMWCalifornia360 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Herrera-Paz appeals the 188-month sentence imposed following his guilty plea to one count of conspiracy to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We review de novo whether an appellant waived his right to an appeal. United States v. Schuman, 127 F.3d 815, 817 (9th Cir.1997) (per curiam). Because Herrera-Paz’s waiver of the right to appeal his sentence is valid, we dismiss for lack of jurisdiction. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999).

Herrera-Paz’s plea agreement states “I agree to give up my right to appeal my conviction, the judgment, and orders of the court. I also agree to waive any right I may have to appeal my sentence.” Additionally, Herrera-Paz answered affirmatively when the court asked him whether he understood that he was waiving his right to appeal his sentence, and whether he understood that there was no guarantee that the government would file a motion for downward departure based on Herrera-Paz’s substantial assistance to law enforcement. This colloquy demonstrates a knowing and voluntary waiver. See United States v. Anglin, 215 F.3d 1064, 1067 (9th…

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