Dahl

United States v. Dahl

Good Law
197 F. App'x 569
United States Court of Appeals for the Ninth CircuitAugust 9, 2006No. 05-10654California559 words

Opinion

Lead Opinion

*570 MEMORANDUM ***

Appellant/Defendant Michael Stephen Dahl plead guilty to interstate travel with the intent to engage in sexual conduct with a juvenile, in violation of 18 U.S.C. § 2423Q3). Appellant now challenges the district court’s acceptance of his guilty plea and the enhancement of his sentence under two separate provisions of the U.S. Sentencing Guidelines.

Appellant claims that he did not waive his right to appeal, that there was insufficient evidence of actual force to support a 4-level enhancement, and that there was insufficient evidence to support a 2-level enhancement for use of the internet when the offense involved use of the phone. He was sentenced to 188 months in prison and lifetime supervised release. We affirm.

We review de novo whether the defendant has waived his right to appeal. United States v. Speelman, 431 F.3d 1226, 1229-30 (9th Cir.2005). The defendant voluntarily and knowingly waived his right to challenge his guilty plea. The district court complied with Rule 11 and established a factual basis for the plea. The waiver is enforceable.

A district court’s application and interpretation of the Sentencing Guidelines is reviewed de novo. United…

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