United States v. Jacinto Chapa ( 2010 )


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  •                               In the
    United States Court of Appeals
    For the Seventh Circuit
    No. 09-3285
    U NITED S TATES OF A MERICA,
    Plaintiff-Appellee,
    v.
    JACINTO C HAPA,
    Defendant-Appellant.
    Appeal from the United States District Court for the
    Southern District of Indiana, Indianapolis Division.
    No. 1:07-CR-073-3—Larry J. McKinney, Judge.
    A RGUED F EBRUARY 12, 2010—D ECIDED A PRIL 26, 2010
    Before E ASTERBROOK, Chief Judge, and H AMILTON,
    Circuit Judge, and SPRINGMANN, District Judge. Œ
    S PRINGMANN, District Judge. This is a direct appeal
    from a criminal conviction in the United States District
    Court, Southern District of Indiana, following the entry
    Œ
    The Honorable Theresa L. Springmann, District Judge for
    the United States District Court, Northern District of Indiana,
    sitting by designation.
    2                                               No. 09-3285
    of a guilty plea by the Appellant, Jacinto Chapa, on
    April 24, 2009. Chapa pled guilty and was convicted on
    one count of conspiracy to possess with the intent to
    distribute 1,000 or more kilograms of marijuana, in vio-
    lation of 
    21 U.S.C. §§ 841
    (a)(1) and 846. The Defendant
    asks this Court to vacate his conviction and remand this
    case to the District Court for trial because his guilty plea
    was invalid. Because we conclude that the Defendant
    waived his right to appeal his conviction, we dismiss
    the appeal.
    I. Background
    Jacinto Chapa was charged with conspiracy to possess
    with the intent to distribute 1,000 or more kilograms of
    marijuana in violation of 
    21 U.S.C. §§ 841
    (a)(1) and 846
    on December 18, 2007. After the Government filed an
    information alleging a prior drug felony conviction, which
    enhanced the potential penalties pursuant to 
    21 U.S.C. § 851
    (a)(1), Chapa provided a statement to the Govern-
    ment for the purpose of meeting the qualifications for
    safety valve treatment under 
    18 U.S.C. § 3553
    (f) and
    U.S.S.G. § 5C1.2. Chapa then entered into a plea agree-
    ment with the Government on April 7, 2009. At the time
    the plea agreement was signed, it was the understanding
    of both Chapa and the Government that Chapa would
    qualify for safety valve treatment, and thus receive a
    sentence lower than the mandatory minimum sentence
    of twenty years.
    In the written plea agreement, under the subheading
    of “APPELLATE WAIVER,” Chapa acknowledged his
    No. 09-3285                                            3
    right to appeal the conviction and sentence, and waived
    that right. The section stated:
    Defendant understands that he has a statutory right
    to appeal the conviction and sentence imposed and
    the manner in which the sentence was determined.
    Acknowledging this right and in exchange for the
    concessions made by the Government in this Plea
    Agreement, Defendant expressly waives his right to
    appeal the conviction and any sentence imposed
    on any ground, including the right to appeal
    conferred by 
    18 U.S.C. § 3742
    . Additionally, he also
    expressly agrees not to contest his conviction or sen-
    tence or seek to modify his sentence or the manner
    in which it was determined in any type of pro-
    ceeding, including, but not limited to, an action
    brought under 
    28 U.S.C. § 2255
    .
    Chapa appeared before the District Court to enter his
    plea of guilty on April 24, 2009. The Court ascertained
    that Chapa was 31 years old, was not under the
    influence of intoxicants, and had no difficulty reading
    and writing the English language or in communicating
    with his counsel. The District Court then made a
    finding that Chapa was aware of the charge to which
    he was pleading.
    During the proceeding, the Court addressed the express
    waiver of appeal contained in the plea agreement. The
    Court read aloud the waiver nearly verbatim. When the
    Court asked if Chapa understood the waiver, he re-
    sponded, “Yes, sir.” When the Court asked whether
    Chapa understood that he would have the right to
    appeal absent his guilty plea, he responded, “Yes, sir.”
    4                                               No. 09-3285
    The Court then addressed the issue of Chapa’s volun-
    tariness in pleading guilty. The Court stated, “Paragraph
    13, sir, says that you acknowledge that no threats, prom-
    ises, or representations have been made nor agree-
    ments reached other than those set forth in this docu-
    ment to induce you to plead guilty. Is that still true?”
    Chapa responded, “Yes, sir.” Chapa stated that he had
    read the entire plea agreement, had discussed it with his
    attorney, and that the terms of the agreement correctly
    reflected the result of his plea negotiations. The Court
    then asked, “It says you’re freely and voluntarily
    pleading guilty in this case because you are guilty. Is
    that still true?” Chapa responded, “Yes, sir.” The Court
    then accepted the guilty plea, finding Chapa “fully compe-
    tent and capable of entering an informed plea; that he’s
    aware of the nature of the charges and the consequences
    of the plea; that this plea of guilty is a knowing and
    voluntary plea supported by an independent basis in fact.”
    The Presentence Investigation Report (PSR) prepared
    on May 28, 2009, noted that Chapa was not, in fact, eligible
    for safety valve treatment. At the ensuing sentencing
    hearing held on September 3, 2009, Chapa objected to the
    findings of the PSR, but did not move to withdraw his
    plea of guilty or present the argument that he had not
    knowingly, intelligently, and voluntarily entered his
    guilty plea. Chapa was then sentenced to the statutory
    mandatory minimum of twenty years in prison.
    II. Analysis
    Before we can reach the merits of Chapa’s arguments,
    we must determine whether to dismiss this appeal
    No. 09-3285                                                     5
    because Chapa entered into a plea agreement with the
    aforementioned appellate waiver.
    We review the enforceability of a waiver agreement
    de novo. Jones v. United States, 
    167 F.3d 1142
    , 1144 (7th
    Cir. 1999). It is well-settled that appellate waivers in
    plea agreements are generally enforceable. United States
    v. Emerson, 
    349 F.3d 986
    , 988 (7th Cir. 2003); see United
    States v. Nave, 
    302 F.3d 719
    , 720-21 (7th Cir. 2002). “But
    [an appellate waiver] does not, in every instance, fore-
    close review.” United States v. Mason, 
    343 F.3d 893
    , 894
    (7th Cir. 2003) (internal quotation marks and citation
    omitted). For the waiver to be enforceable, the disputed
    appeal must fall within its scope. See United States v. Vega,
    
    241 F.3d 910
    , 912 (7th Cir. 2001) (per curiam). We will
    enforce an appellate waiver if its terms are “express
    and unambiguous,” see United States v. Woolley, 
    123 F.3d 627
    , 632 (7th Cir. 1997), and the record shows that the
    defendant “ ‘knowingly and voluntarily’ ” entered into the
    agreement. United States v. Jemison, 
    237 F.3d 911
    , 917
    (7th Cir. 2001) (quoting Jones v. United States, 
    167 F.3d 1142
    , 1144 (7th Cir. 1999)).1
    1
    As we noted in Woolley, one reason for permitting crim-
    inal defendants to agree to waive their rights as a part of a
    plea negotiation process was articulated by the Supreme
    Court: “[I]f the prosecutor is interested in ‘buying’ the relia-
    bility assurance that accompanies a waiver agreement, then
    precluding waiver can only stifle the market for plea bar-
    gains. A defendant can ‘maximize’ what he has to ‘sell’ only if
    he is permitted to offer what the prosecutor is most interested
    in buying.” United States v. Mezzanatto, 
    513 U.S. 196
    , 207 (1995).
    6                                              No. 09-3285
    A plea agreement is a type of contract subject to
    contract law principles tempered by limits that the Con-
    stitution places on the criminal process. See United States
    v. Bownes, 
    405 F.3d 634
    , 636 (7th Cir. 2005). To determine
    if a defendant knew and understood the plea agree-
    ment, we must examine the language of the plea agree-
    ment itself and also look to the plea colloquy between
    the defendant and the judge. Woolley, 
    123 F.3d at 632
    ;
    see also United States v. Sura, 
    511 F.3d 654
    , 661 (7th Cir.
    2007) (the district court must inform the defendant of
    an appellate waiver during the Rule 11 colloquy).
    In this case, Chapa does not contend that the terms of
    the waiver were not express and unambiguous. Nor
    could he. The waiver was set forth in plain language
    in the plea agreement under its own heading, and
    Chapa averred that he read the agreement and dis-
    cussed its meaning and implications with his attorney.
    Rather, Chapa asserts that both he and the Govern-
    ment mistakenly believed that he would satisfy the
    requirements for sentencing pursuant to the safety valve
    provision. He contends that this “mutual mistake” invali-
    dates the plea agreement, including the appellate
    waiver, because it renders his agreement unknowing
    and involuntary. This assertion is not supported by
    either the language of the plea agreement or the Rule 11
    colloquy.
    In examining the plea agreement, we do not find sup-
    port for Chapa’s position that his agreement was predi-
    cated on the mutual mistake as to his eligibility for
    safety valve treatment. Paragraph eleven of the agree-
    ment includes the provisions, “Defendant understands
    No. 09-3285                                            7
    that if he does not qualify for [safety valve treatment],
    defendant will be subject to a statutory mandatory mini-
    mum sentence” and “[a]bsent the applicability of [safety
    valve treatment], the Court cannot sentence below a
    statutory mandatory minimum term of imprisonment.”
    This language was preceded by one paragraph with
    Chapa’s waiver of appellate rights. The agreement, there-
    fore, leaves no doubt that Chapa contemplated his poten-
    tial safety valve ineligibility when waiving his right to
    appeal.
    Examination of the Rule 11 colloquy further under-
    scores this Court’s determination that the Defendant
    knowingly and voluntarily agreed to the express and
    unambiguous appellate waiver. The record indicates
    that the experienced trial judge conducted a searching
    inquiry to ascertain that the Defendant understood all of
    the terms of the plea agreement. The judge highlighted
    all of the terms including potential penalties and sen-
    tencing, and Chapa indicated that he understood them.
    The judge also stressed the fact that without the
    safety valve, the District Court could not sentence him
    below the mandatory minimum. Chapa also acknowl-
    edged that he had waived his right to appeal, and that
    no threats, promises, representations, or agreements
    other than those set forth in the plea agreement had
    induced him to plead guilty.
    Such representations, made by a defendant under
    oath at a plea colloquy, are entitled to a presumption of
    correctness. United States v. Bowlin, 
    534 F.3d 654
    , 660
    (7th Cir. 2008). Only after making a complete record
    demonstrating that Chapa understood the terms of the
    8                                            No. 09-3285
    waiver did the District Court accept the plea of guilty.
    Thus, as in United States v. Schmidt, “[t]he guilty plea
    hearing could not be more clear in reflecting that it was
    conducted in full accordance with Fed.R.Crim.P. 11, and
    reveals that [Chapa] knowingly and voluntarily waived
    his right to appeal his . . . sentence.” 
    47 F.3d 188
    , 191
    (7th Cir. 1995).
    III. Conclusion
    Chapa’s appeal is D ISMISSED.
    4-26-10