Resnick

United States v. Resnick

Good Law
166 F. App'x 295
United States Court of Appeals for the Ninth CircuitFebruary 9, 2006No. 03-10526California659 words

Opinion

Lead Opinion

MEMORANDUM *

The appellant challenges his sentence imposed for having committed armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d). We are called to address whether we have jurisdiction over the appellant’s claims in light of his plea agreement’s express waiver of the right to appeal. See United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir.2005) (“We lack jurisdiction to entertain appeals where there was a valid and enforceable waiver of the right to appeal.”); see also 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.”). We conclude that we do not.

Whether a defendant has waived his statutory right to appeal in his plea agreement is a question of law that this court reviews de novo. United States v. Bynum, 362 F.3d 574, 583 (9th Cir.2004). We “regularly” enforce knowing and voluntary waivers of appellate rights in criminal cases. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (“ ‘The sole test of a waiver’s validity is whether it was made knowingly and voluntarily.’” (quoting United States v. Anglin, 215 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.