United States v. Eduardo Arias-Espinosa
2012 U.S. App. LEXIS 24658
| 9th Cir. | 2012Background
- Arias-Espinosa pleaded guilty to illegal re-entry under 8 U.S.C. § 1326, enhanced by § 1326(b)(2).
- He signed a written plea agreement containing an explicit waiver of his right to appeal within the agreed range.
- At change-of-plea, he acknowledged understanding the waiver.
- The magistrate judge and district court approved the plea and Arias-Espinosa was sentenced to 51 months, within the range set by the agreement.
- At sentencing, the district court stated Arias-Espinosa “may have a right to appeal,” creating ambiguity about the waiver.
- The issue is whether this ambiguous statement nullified the written waiver of the right to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court’s ambiguous right to appeal vitiates waiver | Arias-Espinosa argues the court’s statement negates the waiver. | Arias-Espinosa's waiver remains valid despite ambiguity. | Ambiguous statement did not vitiate the waiver. |
| Whether government objection is required when the court’s advisement is ambiguous | Government objecting is not required given ambiguity. | Objecting is unnecessary when the court’s advisement is not clear. | No government objection required; waiver stands. |
Key Cases Cited
- United States v. Buchanan, 59 F.3d 914 (9th Cir. 1995) (clear, unequivocal appeal right defeats waiver)
- United States v. Lopez-Armenta, 400 F.3d 1173 (9th Cir. 2005) (ambiguous advisement considered; look to reasonable expectations)
- United States v. Watson, 582 F.3d 974 (9th Cir. 2009) (ambivalent advice not enough to nullify waiver)
- United States v. Aguilar-Muniz, 156 F.3d 974 (9th Cir. 1998) (admonition did not disturb waiver)
- United States v. Jeronimo, 398 F.3d 1149 (9th Cir. 2005) (unambiguous and undisturbed waiver standard)
- United States v. Zink, 107 F.3d 716 (9th Cir. 1997) (government objection depend on unambiguous advisement)
- United States v. Felix, 561 F.3d 1036 (9th Cir. 2009) (objection required only when court clearly states right to appeal)
- United States v. Bibler, 495 F.3d 621 (9th Cir. 2007) (waiver survives when sentencing does not contradict plea terms)