In United States v. Hollins, --- F.4th ---, No. 21-10320 (9th Cir. 2023), the Court held that Hollins’ guilty plea was knowing and voluntary, and the appellate waiver included in his plea agreement was therefore in force.
Hollins contended that his plea was invalid because the court failed to inform him of three post-release “consequences” of his guilty plea: (1) the possibility of civil commitment under state or federal law, (2) geographic restrictions imposed against sex offenders by state law, and (3) community notification required under state law.The Court disagreed.
"We reaffirm that Rule 11 requires a court to inform a defendant of the direct consequences of his guilty plea, but not those that are merely collateral. Padilla did not change this. We further hold that possible civil commitment, geographic restrictions, and community notification were collateral consequences of Hollins’ guilty plea to a sex offense. Because the district court had no duty to inform Hollins of these specific consequences, his plea was knowing and voluntary. Thus, his appellate waiver is in force, and we therefore dismiss his appeal."
