United States v. Gregory Silveira
695 F. App'x 215
| 9th Cir. | 2017Background
- Silveira pleaded guilty pursuant to a pre-indictment plea agreement that included a broad waiver of his right to appeal his convictions.
- He later moved to withdraw his guilty pleas; the district court denied the motion and denied his motion for reconsideration.
- On appeal Silveira argued the waiver should not be enforced because (1) his plea hearing failed to satisfy Federal Rule of Criminal Procedure 11 (insufficient factual basis) and (2) he received ineffective assistance of counsel.
- The Ninth Circuit reviewed the plea-hearing transcript and the record of the plea proceeding to assess compliance with Rule 11.
- The court evaluated whether the appellate-waiver was knowing and voluntary and whether any exceptions to enforcing such waivers applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of appellate-waiver | Waiver should not bar appeal because plea was defective | Waiver is broad and was knowingly and voluntarily made | Waiver enforceable; covers this appeal and was knowingly and voluntarily made |
| Adequacy of Rule 11 factual basis for plea | Plea lacked sufficient factual basis under Rule 11 | Transcript shows admissions establishing elements of 18 U.S.C. § 1956 offense | Rule 11 satisfied; plea hearing provided sufficient factual basis |
| Ineffective assistance of counsel claim on direct appeal | Counsel was ineffective warranting relief or remand for record development | Record not developed; claim not obviously deficient on its face | Claim not considered on direct appeal; remand for fact-finding denied; claim may be pursued collaterally |
Key Cases Cited
- United States v. Rahman, 642 F.3d 1257 (9th Cir. 2011) (standards for enforcing appellate-waivers and review of ineffective-assistance claims on direct appeal)
- United States v. Brizan, 709 F.3d 864 (9th Cir. 2013) (exceptions to enforcing appellate-waivers)
- United States v. Jeronimo, 398 F.3d 1149 (9th Cir. 2005) (review limited to plea proceeding record; guidance on ineffective-assistance remands)
- United States v. Webster, 623 F.3d 901 (9th Cir. 2010) (elements of money-laundering-related offenses under § 1956)
- United States v. Portillo-Cano, 192 F.3d 1246 (9th Cir. 1999) (Rule 11 review limited to plea proceeding record)
- United States v. Jacobo Castillo, 496 F.3d 947 (9th Cir. 2007) (en banc decision cited regarding plea-colloquy review)