Olivera-Martinez

MEMORANDUM **

Juan Carlos Olivera-Martinez (Martinez) pleaded guilty pursuant to a plea agreement to charges of conspiracy to manufacture marijuana, 21 U.S.C. § 846 , and possession of a firearm in furtherance of that crime, 18 U.S.C. § 924 (c)(1)(A). On appeal, he contends the district court erred by refusing to permit him to withdraw his plea. We reject that contention and we affirm.

DISCUSSION

The Government argues Martinez’s plea agreement waived his right to appeal. Such a waiver is not automatically enforceable, however, “if, on appeal, the defendant calls into question the validity of the waiver.” United States v. Michlin, 34 F.3d 896, 898 (9th Cir.1994). Martinez does so by arguing he did not voluntarily and knowingly agree to the waiver. Specifically, he asserts he misunderstood the plea agreement and his attorney failed to explain it to him. He contends because he did not understand the plea agreement, his plea was involuntary and the district court erred by not permitting him to withdraw it.

The record does not support Martinez’s claims that he did not understand the terms of the plea agreement and did not voluntarily plead guilty. At the plea hearing, the plea…