United States v. Trearl Malone

MEMORANDUM

The United States appeals the district court’s order reducing Appellee Trearl Malone’s sentence under 18 U.S.C. § 3582 (c)(2). We conclude that Malone waived his right to move for a sentence reduction under § 3582(c)(2) in his underlying plea agreement. Accordingly, we reverse.

In his plea agreement, Malone waived “any right [he] may have to file any collateral attack on [his] conviction or sentence, including a ... motion under 18 U.S.C. § 3582 .... ” Such a waiver is enforceable if “(1) the language of the waiver encompasses the relief sought, and (2) the waiver is knowingly and voluntarily made.” United States v. Charles, 581 F.3d 927, 931 (9th Cir.2009) (internal quotation marks omitted). Malone does not dispute that the agreement’s language squarely waived his right to file a § 3582 motion or that the waiver was knowing and voluntary. Instead, Malone argues that the waiver is unenforceable because (1) it would result in a “manifest injustice,” and (2) the district court had sua sponte authority to grant a § 3582 sentence reduction. The district court did not address the government’s waiver argument in its sentence reduction order, although the issue was properly…