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United States v. Luna
Citation: 37 F. App'x 854Docket: No. 00-10481; D.C. No. CR-98-00292-JBR
Court: Court of Appeals for the Ninth Circuit; June 4, 2002; Federal Appellate Court
Eduardo Luna appealed his 78-month sentence after pleading guilty to possession with intent to distribute cocaine base and conspiracy to use and carry a firearm related to drug trafficking, violating 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2, and § 924(o). The appeal was dismissed on the grounds that Luna knowingly and voluntarily waived his right to appeal as part of his plea agreement. The court referenced United States v. Nunez, which establishes that a statutory right to appeal can be waived if the waiver is made knowingly and voluntarily. Luna's argument that the waiver was invalid was rejected, as the district court adhered to Federal Rule of Criminal Procedure 11(c)(6) by allowing the prosecutor to read the waiver clause in court and confirming Luna's understanding of it. The court clarified that the prosecutor could explain the charges instead of the judge, as noted in United States v. Portillo-Cano. Additionally, statements made during the plea colloquy and sentencing did not invalidate the waiver, as the court did not inform Luna that he retained any right to appeal, and he could not have reasonably expected to do so. Consequently, the appeal was dismissed, and the disposition is not suitable for publication or citation except as allowed by 9th Cir. R. 36-3.