United States of America v. Eddie Ray Hall

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDDIE RAY HALL,
Defendant - Appellant.
No. 11-30105
D.C. No. 2:09-cr-00116-RHW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Eddie Ray Hall appeals from his guilty-plea conviction and 195-month
sentence for distribution of methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Hall contends that the district court’s advisement that Hall retained the right
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30105 2
to appeal any sentence of more than 15 years was inconsistent with the terms of the
appeal waiver in his plea agreement, rendering his guilty plea involuntary and
unknowing in violation of Federal Rule of Criminal Procedure 11(b). He seeks
reversal of his conviction, vacation of his sentence, and remand for rehearing on
the plea agreement. While a district court’s oral advisement regarding appeal
rights can supersede the terms of a written appeal waiver, the remedy for such a
misstatement is not vacation of the conviction and sentence, but non-enforcement
of the appeal waiver. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.
1995). We need not decide whether the district court expanded Hall’s right to
appeal through its statements at his change-of-plea hearing because Hall raises no
challenge to his conviction or sentence apart from the alleged infirmities in the
district court’s advisements regarding the appeal waiver.
AFFIRMED.

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