Green

United States v. Green

Good Law
342 F. App'x 301
United States Court of Appeals for the Ninth CircuitAugust 4, 2009No. 06-50069California617 words

Opinion

Lead Opinion

MEMORANDUM **

Herbert Green pleaded guilty before trial to one count of conspiracy to manufacture and distribute phenylcyclohexylpiperidine (‘TCP”). Green appeals the denial of co-defendant Rodrick Reed’s wiretap suppression motions, 1 in which he joined. We dismiss Green’s appeal, because the issues raised in his brief do not fall within the limited right to appeal reserved in his plea agreement. See United States v. Chon, 210 F.3d 990 , 995 (9th Cir.2000) (holding claims not expressly reserved in writing in a conditional guilty plea are waived on appeal).

“A defendant’s waiver of his appellate rights is enforceable if the language of the waiver encompasses his right to appeal on the grounds raised, and if the waiver was knowingly and voluntarily made.” United States v. Joyce, 357 F.3d 921, 922-23 (9th Cir.2004). Per Green’s plea agreement, he waived his right to appeal his conviction and sentence generally and reserved only a limited right to appeal the denial of the “supplementary wiretap suppression motion filed on October 19, 2004, but the appeal is limited to the ‘warrant-less wiretap’ issue raised by co-defendant [Rodrick] Reed in that supplementary motion.” Reed’s…

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