Adams

MEMORANDUM *

In June 2002, defendant Roland Adams was indicted on several counts of wire fraud and money laundering, as well as two counts of criminal forfeiture, arising out of his participation in an “advance fee” fraud. Adams agreed to plead guilty to conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371 , and to conspiracy to launder money, in violation of 18 U.S.C. § 1001 . The plea agreement included an appeal waiver and provided that the district court would hold a hearing on the forfeiture counts. After the forfeiture hearing, the district court ordered that Adams forfeit the equity he had in a house purchased in April 2002 as traceable to proceeds he had earned from his fraud, or, alternatively, as a substitute asset. Adams appeals this order.

The government argues that Adams waived his right to appeal the forfeiture order. We “construe ambiguities” in plea agreements “in favor of the defendant, ordinarily placing on the government responsibility for any lack of clarity.” United, States v. Franco-Lopez, 312 F.3d 984, 989 (9th Cir.2002) (internal citations and quotations omitted). The appeal waiver in the plea agreement provides that Adams will not appeal his…