Weisfuss
United States v. Weisfuss
Opinion
Lead Opinion
MEMORANDUM *
George Theodore Weisfuss appeals the sentence imposed following his guilty plea to one count of distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C), and one count of money laundering in violation of 18 U.S.C. § 1956 (a)(l)(B)(I). We affirm.
Weisfuss argues that the appeal waiver contained in his plea agreement cannot be enforced for a number of reasons. He first claims that his sentence is illegal under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), thus invalidating the waiver. This court will regularly enforce a “knowing and voluntary” waiver of appellate rights. United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir.2000). A change in the law, such as the Booker determination that the Federal Sentencing Guidelines are advisory rather than mandatory, does not make a plea involuntary and unknowing. United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005). Accordingly, a change in the law of sentencing does not render Weisfuss’s appeal waiver unenforceable.
Weisfuss further claims that the district court, in a colloquy at the change of plea hearing in 1999, invalidated his waiver of…