United States v. James O'Neill

MEMORANDUM

James Roy O’Neill appeals his sentence resulting from a guilty plea to cocaine and money laundering offenses. We grant the government’s motion to dismiss because O’Neill knowingly and voluntarily waived his right to appeal.

A waiver is enforceable if the defendant knowingly and voluntarily waives his rights and the wording of the waiver covers the grounds raised on appeal. United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.2007) (citing United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir.2005)). Because O’Neill did not object to the plea colloquy in district court, we review under the plain error standard. See United States v. Jimenez-Dominguez, 296 F.3d 863, 866 (9th Cir.2002) (citing United States v. Vonn, 535 U.S. 55 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002)). Plain error requires the defendant to show “ ‘a reasonable probability that, but for the error, he would not have entered the [guilty] plea.’ ” United States v. Ross, 511 F.3d 1233 , 1236 (9th Cir.2008) (alteration in original) (quoting United States v. Dominguez Benitez, 542 U.S. 74, 76 , 124 S.Ct. 2838 , 159 L.Ed.2d 157 (2004)).

O’Neill claims that the district court failed to comply with Federal…