United States v. 2020-03-09 | 19-30091 | USA V. JEREMY RUMMEL | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JEREMY JAMES RUMMEL,

Defendant-Appellant.

No. 19-30091

D.C. No. 6:18-cr-00015-SEH-1

MEMORANDUM
*

Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding

Submitted March 3, 2020
**

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

Jeremy James Rummel appeals from the district court’s judgment and
challenges the 230-month sentence imposed following his guilty-plea conviction
for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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

MAR 9 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-30091
The government contends that this appeal is barred by a valid appeal waiver
in the parties’ plea agreement. Rummel argues that the waiver is unenforceable
because the district court violated his right to due process by implicitly basing the
sentence on the number of attorneys appointed to represent him during the course
of the district court proceedings, thereby rendering his sentence unconstitutional.
We review the enforceability of a waiver de novo. See United States v. Watson,
582 F.3d 974, 981 (9th Cir. 2009). Because the record shows that the district
court’s comments regarding appointed counsel had no bearing on the sentence
imposed, we reject Rummel’s contention that his sentence is unconstitutional and
we dismiss pursuant to the valid appeal waiver. See id. at 977-78.
DISMISSED.