United States v. Rahman
2011 U.S. App. LEXIS 13644
| 9th Cir. | 2011Background
- Rahman pled guilty to aggravated identity theft and to fraudulent transactions with access devices; plea agreement waived his right to appeal convictions.
- District court conducted a Rule 11 colloquy, explained charges and rights, found a factual basis, and Rahman affirmed understanding of the waiver.
- Rahman later moved to withdraw the plea and obtain new counsel, alleging a rift and communications problems with prior counsel.
- District court appointed new counsel; after briefing, a hearing was held; Rahman offered no witnesses and relied on prior counsel’s alleged misrepresentations; new counsel could not reconstruct what transpired.
- District court denied the motion to withdraw; Rahman appealed, challenging the denial and raising ineffective-assistance arguments in the context of the waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the appellate waiver cover the denial of a motion to withdraw the plea? | Rahman: waiver encompasses all appeals including withdrawal denial. | Rahman: none beyond waiver; argued ineffective assistance may render waiver involuntary. | Yes; waiver covers the withdrawal-denial appeal. |
| Was the waiver knowingly and voluntarily made given claims of ineffective assistance? | Rahman: ineffective assistance could render waiver involuntary. | Rahman: no specifics; new counsel lacked knowledge of proceedings; potential coercion not shown. | Waiver not shown to be involuntary on the record; ineffective-assistance claims may be pursued in collateral attack. |
Key Cases Cited
- United States v. Michlin, 34 F.3d 896 (9th Cir. 1994) (general waivers cover appeals from withdrawal of pleas)
- United States v. Jeronimo, 398 F.3d 1149 (9th Cir. 2005) (broad waiver bars appeals from withdrawal of guilty plea)
- United States v. Nguyen, 235 F.3d 1179 (9th Cir. 2000) (district court not abusing discretion on withdrawal; implicit dicta abrogated)
- United States v. Reyes-Platero, 224 F.3d 1112 (9th Cir. 2000) (ineffective-assistance claims not generally reviewed on direct appeal)