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U.S. v. RAHMAN

No. 10-10293.

642 F.3d 1257 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Najeeb RAHMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2011.

Attorney(s) appearing for the Case

Kirk T. Kennedy , Las Vegas, NV, filed the brief for the defendant-appellant.

Peter S. Levitt , Assistant United States Attorney, Las Vegas, NV, filed the brief for the United States. Daniel G. Bogden , United States Attorney for the District of Nevada, and Robert L. Ellman , Appellate Chief of the United States Attorney's Office for the District of Nevada, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN and RONALD M. GOULD, Circuit Judges, and AMY J. ST. EVE, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a criminal defendant's waiver of his right to appeal his conviction extends to the denial of his subsequent motion to withdraw his guilty plea.

I

Najeeb Rahman pled guilty to aggravated identity theft and to committing fraudulent transactions with access devices, in violation of 18 U.S.C. §§ 1028A and 1029(a)(5), respectively. In a written plea agreement, Rahman waived...

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