USA V. THOMAS SCHOPP, No. 20-30232 (9th Cir. 2021)
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FILED NOT FOR PUBLICATION DEC 21 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 20-30232 D.C. No. 1:15-cr-00001-TMB-1 MEMORANDUM* THOMAS SCHOPP, AKA Thomas Hiser, Defendant-Appellant. Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding Submitted December 14, 2021** Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges. Thomas Schopp appeals from the district court’s amended judgment and challenges the 45-year sentence imposed upon remand for resentencing following his guilty-plea conviction for production of child pornography, in violation of 18 U.S.C. § 2251(a). 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). Schopp contends that his sentence is substantively unreasonable. As the government argues, this claim is encompassed by the appeal waiver in the parties’ plea agreement. Schopp’s argument that his waiver was involuntary, rendering it unenforceable, is unavailing. Schopp maintains that his plea was involuntary because he initially attempted to plead guilty without a plea agreement, this court concluded in his prior appeal that the original life sentence was in excess of the 50year statutory maximum, and he allegedly did not receive any benefit under the plea agreement. However, the circumstances surrounding the signing and entry of the plea agreement, and the court’s advice regarding the waiver at the change of plea hearing, demonstrate that Schopp understood he was waiving his right to appeal. See United States v. Lo, 839 F.3d 777, 783-84 (9th Cir. 2016). Moreover, as the district court explained to him, the “basic bargain” was that he would plead guilty pursuant to the plea agreement in exchange for the government’s agreement not to prosecute him for any additional offenses arising from the event charged in the indictment. Because the record reflects that Schopp’s waiver of the right to appeal was knowing and voluntary, we enforce the waiver and dismiss Schopp’s appeal. See id. at 780-81, 795. DISMISSED. 2 20-30232
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