United States v. Gonzalez-Melchor
2011 U.S. App. LEXIS 13932
| 9th Cir. | 2011Background
- Gonzalez-Melchor, Mexican citizen, was found in the U.S. after prior deportation.
- Underwent a 1995 IJ deportation hearing with group proceedings and discussions on voluntary departure.
- IJ stated voluntary departure is a privilege and must be earned by qualification and good conduct; suggested deportation for most.
- In 2009 Gonzalez-Melchor was indicted for illegal reentry after deportation; motion to dismiss based on IJ misadvised about voluntary departure.
- District court found IJ failed to advise on voluntary departure but allowed appellate-waiver to stand, and sentenced Gonzalez-Melchor to 63 months after a negotiated reduction.
- Gonzalez-Melchor actively waived appeal at sentencing; he challenges the appellate-waiver as invalid and unenforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of appellate waiver negotiated by the district court | Gonzalez-Melchor argues waiver was involuntary due to judge involvement. | Gonzalez-Melchor contends appellate waiver should be void for judicial participation in negotiations. | Appellate-waiver invalid and unenforceable. |
| Judge participation in appellate-waiver negotiations during sentencing | Government treats waiver as valid and enforceable despite participation. | Participation coerced waiver, violating Rule 11(c)(1) principles and voluntariness. | District court’s direct negotiation rendered waiver involuntary; invalid. |
Key Cases Cited
- United States v. Jacobo Castillo, 496 F.3d 947 (9th Cir. 2007) (en banc; waiver review post-plea)
- United States v. Gwinnett, 483 F.3d 200 (3d Cir. 2007) (appeal waiver context; coercion concerns)
- Doe v. United States, 155 F.3d 1070 (9th Cir. 1998) (voluntariness standard for waivers)
- Anderson v. United States, 993 F.2d 1435 (9th Cir. 1993) (coercion risk in plea proceedings)
- Bruce v. United States, 976 F.2d 552 (9th Cir. 1992) (judicial neutrality in plea negotiations)
- United States v. Portillo-Cano, 192 F.3d 1246 (9th Cir. 1999) (appeal waivers in plea context)
- United States v. Streich, 560 F.3d 926 (9th Cir. 2009) (plea agreement interpretation; collateral about waivers)
- United States v. Shimoda, 334 F.3d 846 (9th Cir. 2003) (jurisdiction over waivers; standard of review)
- United States v. Markin, 263 F.3d 491 (6th Cir. 2001) (coercive potential of sentencing negotiations)