U.S. v. Birdsong

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Orland BIRDSONG…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 16, 2003

61 F. App'x 459 (9th Cir. 2003)

Opinion

61 Fed.Appx. 459 (9th Cir. 2003) UNITED STATES of America, Plaintiff-Appellee, v. Orland BIRDSONG, Defendant-Appellant. No. 02-50035. D.C. No. CR-00-00774-GAF. United States Court of Appeals, Ninth Circuit. April 16, 2003

Submitted April 7, 2003. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Gary A. Feess, District Judge, Presiding.

Before BROWNING, RYMER, and KLEINFELD, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Orland Birdsong appeals the 30-month sentence imposed following his guilty plea conviction for conspiracy to unlawfully use identification, and use of means of identification of another person to commit a felony, violations of 18 U.S.C. §§ 1028(f) and 1028(a)(7).

We dismiss the appeal for lack of jurisdiction because prior to his guilty plea conviction, Birdsong entered into a negotiated plea agreement in which he knowingly and voluntarily waived his right to appeal or collaterally attack his conviction and sentence. See United States v. Nguyen, 235 F.3d 1179, 1182-83 (9th Cir.2000) (recognizing that courts will enforce waiver of appeal rights if waiver is knowingly and voluntarily made).

Birdsong's "Renewed Motion for Release Pending Appeal" is denied.

DISMISSED.