628 F.3d 1203
9th Cir.2011Background
- Harris pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The government sought a six-level increase under U.S.S.G. § 2K2.1(a)(4) because of a prior California burglary conviction.
- The district court found the burglary qualified as a crime of violence and sentenced Harris to 36 months.
- Harris appealed challenging the 2K2.1(a)(4) enhancement.
- The government moved to dismiss, arguing Harris waived the right to appeal via the plea agreement, which Harris did not dispute at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harris validly waived appellate rights. | Harris argues the waiver does not bar the challenged appeal. | The United States contends the waiver covers the sentence appeal. | Waiver valid and enforceable; appeal dismissed. |
| Whether the waiver was knowing and voluntary. | Harris maintains the waiver was not knowingly made. | Record shows clear, informed waiver during plea and sentencing proceedings. | Waiver knowingly and voluntarily made. |
| Whether government modification of a stipulation affects the waiver. | Harris contends the government’s later allowance to challenge the enhancement modified the waiver. | Waiver remained intact; modification did not alter the appeal waiver. | Waiver remained intact; modification does not affect it. |
Key Cases Cited
- United States v. Jacobo Castillo, 496 F.3d 947 (9th Cir. 2007) (en banc; appeal-waiver standards context)
- United States v. Gwinnett, 483 F.3d 200 (3d Cir. 2007) (review of waiver and knowing-voluntary standards)
- United States v. Jeronimo, 398 F.3d 1149 (9th Cir. 2005) (plea agreements interpreted as contracts, waiver validity)
- United States v. Clark, 218 F.3d 1092 (9th Cir. 2000) (contract-law standards for plea agreements; disentangling extrinsic evidence)
- United States v.Watson, 582 F.3d 974 (9th Cir. 2009) (plea agreements interpreted with ambiguity resolved in defendant's favor)
- United States v. Baramdyka, 95 F.3d 840 (9th Cir. 1996) (plea-waiver sufficiency of knowing and voluntary waiver procedures)
- United States v. Beltran-Munguia, 489 F.3d 1042 (9th Cir. 2007) (definition of crime of violence varies by guideline section)
- United States v. Aguila-Montes De Oca, 553 F.3d 1229 (9th Cir. 2009) (relevant law on crime of violence under certain guidelines)