Marek
United States v. Marek
Opinion
Lead Opinion
MEMORANDUM **
Defendant-Appellant Joseph Marek, Jr., pleaded guilty to knowingly and intentionally distributing marijuana and cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C), and 841(b)(1)(D). Marek now challenges his conviction on ineffective assistance of counsel (IAC) grounds. Marek asserts that his plea agreement reserved his right to direct appeal. Marek further argues that he did not knowingly and voluntarily waive his right to appeal.
We must enforce Marek’s waiver of appeal rights if “(1) the language of the waiver encompasses [his] right to appeal on the grounds claimed on appeal, and (2) the waiver is knowingly and voluntarily made.” See United States v. Nunez, 223 F.3d 956, 958 (9th Cir.2000). The unambiguous language of Section III of Marek’s plea agreement forecloses his right to challenge his conviction on direct appeal.
Because Marek challenges his conviction on direct appeal, we have no juris *678 diction. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999) (“It would overreach our jurisdiction to entertain an appeal when the plea agreement effectively deprived us of jurisdiction.”). The language of Marek’s plea agreement permits him to…