United States v. Robert Michael Rutan

BEAM, Circuit Judge.

Robert Michael Rutan appeals a sentence imposed under the sentencing guidelines. The government moves to dismiss on the ground that Rutan waived his right to an appeal. We hold that a defendant may, in a valid plea agreement, waive his right to appeal under 18 U.S.C. § 3742(a) (1985), and we hold that Rutan knowingly and voluntarily waived that right. The government’s motion is granted and Rutan’s appeal is dismissed.

I. BACKGROUND

Rutan was charged with bank robbery and use of a dangerous weapon in commission of a bank robbery, in violation of 18 U.S.C. § 2113(a) and (d)…