UNITED STATES v. RUMMEL (2020)

MEMORANDUM **

Jeremy James Rummel appeals from the district court’s judgment and challenges the 230-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

The government contends that this appeal is barred by a valid appeal waiver in the parties’ plea agreement. Rummel argues that the waiver is unenforceable because the district court violated his right to due process by implicitly basing the sentence on the number of attorneys appointed to represent him during the course of the district court proceedings, thereby rendering his sentence unconstitutional. We review the enforceability of a waiver de novo. See United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009). Because the record shows that the district court’s comments regarding appointed counsel had no bearing on the sentence imposed, we reject Rummel’s contention that his sentence is unconstitutional and we dismiss pursuant to the valid appeal waiver. See id. at 977-78.

DISMISSED.