Pryce
United States v. Pryce
Opinion
Lead Opinion
MEMORANDUM *
Defendant Robert Dennis Pryce appeals from his conviction and sentence following his guilty pleas. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm in part; and reverse and remand in part.
We raised sua sponte our jurisdiction over Pryce’s appeal of D.C. Case No. CR- *672 02-01207-PA (“Case 1207”) in light of Pryce’s failure to list Case 1207 on his notice of appeal. We find, based on the record before us and in light of the liberal construction given to notices of appeal filed by pro se defendants, that Pryce intended to appeal, and that we therefore have jurisdiction over the appeal of, both Case 1207 and D.C. Case No. CR-02-01206-PA. See S.M. v. J.K., 262 F.3d 914, 922 (9th Cir.2001).
The government complied with its obligations under the plea agreement as well as its general obligation to make a good faith evaluation of Pryce’s assistance as of the date of sentencing. See United States v. Quach, 302 F.3d 1096, 1102 (9th Cir. 2002); United States v. Burrows, 36 F.3d 875, 884 (9th Cir.1994). Pryce’s waiver of his appeal rights is enforceable and precludes his challenges to his sentence of incarceration. United States v. Nunez, 223 F.3d…