In United States v. Davis, --- F.4th ---, No. 20-50274 (9th Cir. 2022), the Court affirmed in a case in which the defendant argued that his appellate waiver was unenforceable because the district court violated Fed. R. Crim. P. 11(b)(1)(N), which provides that the district court must address the defendant personally and determine that the defendant understands the terms of any appellate waiver.
Because Davis did not object, the Court applied plain-error review and found none.
"Here, [] the appellate waiver was raised just moments after the Rule 11 plea colloquy and before the change-of-plea hearing concluded."
"On this record, we conclude that the district court’s plea colloquy at most constituted 'a technical violation of Rule 11,' but not a plain error that affected David’s substantial rights."
