United States v. Resnick
United States v. Resnick
Opinion of the Court
MEMORANDUM
The appellant challenges his sentence imposed for having committed armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). We are called to address whether we have jurisdiction over the appellant’s claims in light of his plea agreement’s express waiver of the right to appeal. See United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir. 2005) (“We lack jurisdiction to entertain appeals where there was a valid and enforceable waiver of the right to appeal.”); see also United States v. Vences, 169 F.3d 611, 613 (9th Cir. 1999) (“It would overreach our jurisdiction to entertain an appeal when the plea agreement effectively deprived us of jurisdiction.”). We conclude that we do not.
Whether a defendant has waived his statutory right to appeal in his plea agreement is a question of law that this court reviews de novo. United States v. Bynum, 362 F.3d 574, 583 (9th Cir. 2004). We “regularly” enforce knowing and voluntary waivers of appellate rights in criminal cases. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (“ ‘The sole test of a waiver’s validity is whether it was made knowingly and voluntarily.’” (quoting United States v. Anglin, 215 F.3d 1064, 1068 (9th Cir. 2000))). An express waiver of a defendant’s right to appeal is valid if the language of the waiver encompasses the grounds claimed on appeal and if the guilty plea is knowingly and voluntarily made. United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005). In other words, if the appellant’s waiver of appellate rights was knowing and voluntary, this court’s “inquiry into the waiver’s validity is at an end; the valid waiver bars [the appellant’s] underlying challenges to his ... sentence and we must dismiss the appeal.” Nguyen, 235 F.3d at 1182 (citing United States v. Michlin, 34 F.3d 896, 898 (9th Cir. 1994)).
DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. We do not give a full recitation of the facts because the parties are already familiar with them.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.