Ortiz-Sanchez

United States v. Ortiz-Sanchez

Good Law
138 F. App'x 921
United States Court of Appeals for the Ninth CircuitJuly 5, 2005Nos. 04-10322, 04-10347California734 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Isidro Ortiz-Sanchez appeals his 2003 conviction for unlaw *922 ful reentry in violation of 8 U.S.C. § 1326 (a). He pleaded guilty, but argues that the district court erred in denying his later-filed motions to withdraw his guilty plea and to dismiss the indictment. “We lack jurisdiction to entertain appeals where there was a valid and enforceable waiver of the right to appeal,” and “[w]e review de novo whether a defendant has waived his right to appeal by entering into a plea agreement and the validity of such a waiver.” United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir.2005). “A defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” Id. at 1153 . Ortiz-Sanchez does not dispute that “the language of the waiver [here] encompasses his right to appeal on the grounds raised[.]” See id. Rather, he disputes that “the waiver [was] knowingly and voluntarily made.” See id.

“[A] waiver of the right to appeal is knowing and voluntary where the plea agreement as a whole was knowingly and voluntarily…

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