U.S. v. DeSANTIAGO-MARTINEZ

No. 92-50373.

980 F.2d 582 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Fulvio DeSANTIAGO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1992.


Attorney(s) appearing for the Case

Kevin C. McLean, San Diego, Cal., for defendant-appellant.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before: FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges.


Fulvio DeSantiago-Martinez appeals his sentence, which was imposed after he pleaded guilty pursuant to the terms of a written plea agreement. The government now moves to dismiss the appeal on the ground that the plea agreement contains an express waiver of the right to appeal the sentence. We dismiss.

"[A]n express waiver of the right to appeal in a negotiated plea of guilty is valid if knowingly and voluntarily made." United States v. Bolinger,

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