Leon

MEMORANDUM **

Alejandro Urias Leon appeals his conviction by guilty plea and his sentence for possession with intent to distribute less than 5 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) & (b)(1)(C). Leon raises two issues. First, Leon argues that the district court improperly involved itself in plea negotiations in contravention of Fed.R.Crim.P. 11(c)(1). Second, Leon alleges that the court mistakenly believed the Sentencing Guidelines to be mandatory, rather than discretionary in nature.

Leon’s plea agreement expressly waived his right to appeal. A waiver of the right to appeal in a negotiated plea of guilty is enforceable if knowingly and voluntarily made. United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir.2005). Leon’s claim that the district court improperly involved itself in plea negotiations, however, raises the question of the voluntariness and thus the enforceability of the plea agreement. See United States v. Bruce, 976 F.2d 552, 556 (9th Cir.1992); United States v. Racich, 35 F.Supp.2d 1206 (S.D.Cal.1999). We therefore entertain that claim despite Leon’s waiver of his right to appeal.

The district court was originally presented with a…