United States v. Francheska Brizan
2013 U.S. App. LEXIS 4494
| 9th Cir. | 2013Background
- Brizan pleaded guilty to misprision of a felony under 18 U.S.C. § 4 based on concealment of her husband’s drug trafficking.
- She entered a plea agreement containing an appeal waiver and was later represented by new counsel.
- Brizan moved to withdraw her plea and dismiss the information as defective; the district court denied the motion and sentenced below the guidelines.
- Brizan appeals the denial, arguing Fifth Amendment invalidity of misprision, missing essential element in the information, and inadequate factual basis for the plea.
- The government argues the appeal waiver bars review, and the district court complied with Rule 11 and the plea terms.
- Court agrees the appeal must be dismissed due to the waiver, and declines to address ineffective assistance on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the appeal waiver bar Brizan's challenges? | Brizan | Brizan | Waiver bars review |
| Did misprision charge violate Fifth Amendment rights? | Brizan | Brizan | No constitutional impediment; waiver applies |
| Did the information allege an essential element of misprision? | Brizan | Brizan | Not reached; waived via appeal |
| Was there an adequate factual basis for the guilty plea? | Brizan | Brizan | Not reached; waived via appeal |
| Can Brizan raise ineffective assistance of counsel on direct appeal? | Brizan | Brizan | Not addressed; may be raised in collateral attack |
Key Cases Cited
- United States v. Rahman, 642 F.3d 1257 (9th Cir. 2011) (general appeal waivers cover post-plea appeals)
- United States v. Bibler, 495 F.3d 621 (9th Cir. 2007) (exceptions to enforceability of waivers when Rule 11 violated or violence to rights)
- United States v. Jackson, 697 F.3d 1141 (9th Cir. 2012) (unconditional guilty plea waives non-jurisdictional defenses)
- United States v. Lopez-Armenta, 400 F.3d 1173 (9th Cir. 2005) (voluntary and intelligent waiver of rights governs plea)
- United States v. Caraballo-Rodriguez, 480 F.3d 62 (1st Cir. 2007) (circuit split on waiving Fifth Amendment defense to misprision)
- United States v. Mizell, 88 F.3d 288 (5th Cir. 1996) (permissibility of Fifth Amendment waiver in misprision context)
- United States v. Davila, 698 F.2d 715 (5th Cir. 1983) (waiver and collateral review considerations in misprision)