What is the state of the law on an appellate waiver?

MultiRegion, United States of America

The following excerpt is from United States v. Minasyan, 4 F.4th 770 (9th Cir. 2021):

waiver was knowingly and voluntarily made." United States v. Watson , 582 F.3d 974, 986 (9th Cir. 2009) (citation omitted). Minasyan contends that the appellate waiver is unenforceable for three reasons. First, Minasyan asserts that the plea was not knowing, intelligent, and voluntary because the district court impermissibly curtailed his right to present evidence on the loss amount. Second, he maintains that his plea was involuntary because he was misinformed about the elements constituting the crime for which he was charged. Third, he claims that the government implicitly breached the plea agreement, rendering the waiver unenforceable. None of Minasyan's claims have merit.

Because Minasyan did not make these arguments before the district court, we review them for plain error. United States v. Minore , 292 F.3d 1109, 1117 (9th Cir. 2002). "Relief for plain error is available if there has been (1) error; (2) that was plain; (3) that affected substantial rights; and (4) that seriously affected the fairness, integrity, or public reputation of the judicial proceedings." United States v. Cannel , 517 F.3d 1172, 1176 (9th Cir. 2008).

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