Sciara

United States v. Sciara

Good Law
254 F. App'x 615
United States Court of Appeals for the Ninth CircuitNovember 14, 2007No. 05-10730California403 words

Opinion

Lead Opinion

ORDER *

1. Sheron Sciara appeals the denial of her motion to withdraw her guilty plea. Because Sciara validly waived her appellate rights, her appeal is DISMISSED for lack of jurisdiction. See United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir. 2005).

2. “A defendant’s right to appeal is statutory, rather than constitutional, in nature. Knowing and voluntary waivers of appellate rights in criminal cases are regularly enforced.” United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (citations and quotations omitted). Sciara waived her appellate rights in her plea agreement. So long as this waiver was knowingly and voluntarily entered into, it is valid and bars her challenge to the district court’s denial of her motion to withdraw her guilty plea. See id.

We review whether a defendant waived her right to an appeal and the validity of such waiver de novo. Jeronimo, 398 F.3d at 1153 . The record demonstrates that Sciara entered into the plea agreement knowingly and voluntarily. The terms of the agreement are not ambiguous. The district court conducted an appropriate Rule 11 colloquy. Sciara acknowledged that she read the plea agreement, understood its terms, and…

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