Bedenfield

United States v. Bedenfield

Good Law
220 F. App'x 715
United States Court of Appeals for the Ninth CircuitFebruary 16, 2007No. 06-10103California464 words

Opinion

Lead Opinion

ORDER *

Appellant pleaded guilty to one count of conspiracy to commit wire fraud and six counts of bank fraud and was sentenced to a 71-month term of imprisonment. He argues on appeal that the district court sentenced him outside of the scope of the plea agreement. We dismiss this appeal for lack of jurisdiction.

We review de novo whether a defendant has waived his right to appeal, and uphold a waiver of appeal contained in a plea agreement if it was made knowingly and voluntarily. United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir.2000). The knowing and voluntary nature of an appeal waiver is determined by considering the circumstances surrounding the signing and entry of the plea agreement. Id. The scope of the waiver is determined by the *717 express language of the plea agreement. Id.

The record belies appellant’s contention that his plea was entered involuntarily because the agreement guaranteed him a low-end guideline sentence. The plea agreement explained the district court’s sentencing discretion. Moreover, at the plea hearing the judge made it abundantly clear that he would not render a sentence until he reviewed the presentence report, that if he did not follow the…

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