United States v. Quy Dinh Nguyen

MEMORANDUM

Quy Dinh Nguyen appeals from the denial of his motion to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. § 1291 and dismiss the appeal pursuant to the appellate waiver included in Nguyen’s plea agreement. In the alternative, we affirm on the merits the district court’s denial of Nguyen’s motion to withdraw.

1. “A defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.” United States v. Jeronimo, 398 F.3d 1149, 1158 (9th Cir.2005), overruled on other grounds by United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc). Nguyen argues only that his waiver is ambiguous as to whether he retained the right to pursue the instant appeal, thus effectively conceding that his federal waiver was knowing and voluntary. Pursuant to his plea agreement, however, Nguyen unambiguously waived the right to appeal both the finding of his guilt (i.e., his conviction) and his sentence. See United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir.2011). Nguyen’s appeal is thus dismissed.

2. Even if Nguyen had not…