Anderson

United States v. Anderson

Good Law
325 F. App'x 557
United States Court of Appeals for the Ninth CircuitMay 1, 2009No. 07-50562California467 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Daniel Anderson appeals (1) the district court’s denial of his motion to withdraw his guilty pleas, (2) the district court’s failure to set aside the plea agree *558 ment because the government had breached it, and (3) the amount of the district court’s modified restitution order. We affirm.

1. ‘We 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, 1153 (9th Cir.2005). We will enforce a defendant’s appellate waiver when “(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. Here, the district court accurately found that no package deal existed. See United States v. Caro, 997 F.2d 657, 660 (9th Cir.1993) (requiring district courts to make a “more careful examination of voluntariness” during the Rule 11 colloquy “when a plea bargain is conditioned on the cooperation of more than one defendant.”). Accordingly, Anderson knowingly and voluntarily waived his right to appeal, and we cannot review the district court’s denial of Anderson’s motion to…

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