United States v. Jose Navarro-Botello

HUG, Circuit Judge:

The issue in this case is whether a defendant’s waiver of his right to appeal a sentence as part of a negotiated plea agreement violates due process or public policy. We hold that if the waiver is made voluntarily and knowingly, it is enforceable and does not violate due process or public policy. Accordingly, because appellant Jose Navarro-Botello voluntarily and knowingly waived his right to appeal his sentence as part of his plea agreement, his waiver is enforceable. Therefore, we affirm the district court.

I. Facts

On September 15, 1988, Navarro-Botello drove to the San…