United States v. James Booker

MEMORANDUM

Booker appeals the district court’s denial of an evidentiary hearing on his request for a downward departure and his sentence following a guilty plea. We have jurisdiction under 28 U.S.C. § 1291 . Booker’s plea agreement contains two waivers of appellate rights, the validity of which we review de novo. See United States v. Joyce, 357 F.3d 921, 923 (9th Cir.2004).

The express language of the plea agreement, as well as the district court’s plea colloquy, confirm that Booker’s waivers were both knowing and voluntary. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000). The district judge informed Booker that he was giving up his right to appeal the conviction, the judgment, and the court’s orders. Booker knowingly and voluntarily exchanged his speculative appellate rights for the certainty of a set sentence and the dismissal of a charge. As such, the waivers are valid.

The waivers’ language encompasses Booker’s right to appeal on the grounds raised. See Joyce, 357 F.3d at 922 . First, through the plea agreement’s text, Booker waived his “right to appeal [his] convictions, the judgment, and orders of the Court.” This waiver covers Booker’s right to appeal the…