United States of America, Plaintiff-appellee, v. Michael Wayne Northcutt, Defendant-appellant, 145 F.3d 1343 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the Eastern District of California Robert E. Coyle, Chief Judge, Presiding.
Before LAY,*** KOZINSKI and T.G. NELSON, Circuit Judges.
MEMORANDUM*
In his plea agreement, Northcutt waived his right to appeal. The comments of the district judge at sentencing did not trump the waiver: Unlike in United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir. 1995), the judge here never stated that Northcutt had the right to appeal, let alone made any "clear statements" to that effect which would give rise to "a reasonable expectation that he could appeal his sentence." Id.
APPEAL DISMISSED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4
* The Honorable Donald P. Lay, Senior Circuit Judge for the Eighth Circuit, sitting by designation
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
