United States Ninth Circuit

Plea conviction and sentencing of defendant for aggravated identity theft and fraudulent transactions with access devices, 18 U.S.C. sections 1028A and 1029(a)(5), are affirmed where defendant's appeal of district court's denial of his motion to withdraw his guilty plea fails because defendant waived appeal of the issue where: 1) the language of the plea waiver encompassed his right to appeal on the grounds raised; and 2) the waiver was knowingly and voluntarily made.

Appellate Information

• Decided 07/05/2011
• Published 07/05/2011

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kirk T. Kennedy, Peter S. Levitt