Ninth Circuit Order Dismissing Appeals — United States v. Carl Bradley Johansson

Summary

An order of the United States Court of Appeals for the Ninth Circuit in United States of America v. Carl Bradley Johansson, Nos. 22-50303 and 22-50304, appeals from the Central District of California (D.C. Nos. 5:18-cr-00114-VAP-3 and 5:21-cr-00170-VAP-2), filed August 18, 2023 and entered on the district court docket as Document 124 in Case 5:21-cr-00170-JGB. Before Circuit Judges Tashima, S.R. Thomas and Forrest, the order grants the government's motion to dismiss the consolidated appeals in light of the valid appeal waiver. It cites United States v. Harris, 628 F.3d 1203, and United States v. Rahman, 642 F.3d 1257. The order states that the government did not waive its right to assert the appeal waiver and that statements at sentencing could not have given the appellant a reasonable expectation of a right to appeal. The appeals are dismissed.

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 Case 5:21-cr-00170-JGB     Document 124 Filed 08/18/23       Page 1 of 2 Page ID
                                     #:1037



                    UNITED STATES COURT OF APPEALS                       FILED
                           FOR THE NINTH CIRCUIT                          AUG 18 2023
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
UNITED STATES OF AMERICA,                       Nos. 22-50303
                                                     22-50304
                Plaintiff-Appellee,             D.C. Nos.
                                                5:18-cr-00114-VAP-3
 v.                                             5:21-cr-00170-VAP-2
                                                Central District of California,
CARL BRADLEY JOHANSSON, AKA
                                                Riverside
Keith Golatta, AKA C. Brad Johanson, AKA
Brad Johansson, AKA Brad Johnson, AKA    ORDER
Carl Johnson, AKA Jay Johnson,

                Defendant-Appellant.

Before:      TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.

      Appellee’s motion to dismiss these consolidated appeals in light of the valid

appeal waiver (Docket Entry No. 21) is granted. See United States v. Harris, 628

F.3d 1203, 1205 (9th Cir. 2011) (knowing and voluntary appeal waiver whose

language encompasses the right to appeal on the grounds raised is enforceable); see

also United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir. 2011) (appeal waiver

covers challenge to denial of motion to withdraw guilty plea). Contrary to

appellant’s contention, the government did not waive its right to assert the appeal

waiver by failing to object to defense counsel’s remarks at sentencing, nor could

the district court’s statements at sentencing have given appellant a reasonable

expectation that he had the right to appeal. See United States v. Arias-Espinosa,
 Case 5:21-cr-00170-JGB    Document 124 Filed 08/18/23   Page 2 of 2 Page ID
                                    #:1038



704 F.3d 616, 618-20 (9th Cir. 2012).

      DISMISSED.




                                        2                     22-50303 & 22-50304


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