United States v. Vargas
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 30, 2026
Docket25-3671
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 25-3671
D.C. No.
Plaintiff - Appellee, 3:23-cr-00296-IM-1
v.
MEMORANDUM*
YESMIN MISEAL MEDINA VARGAS,
AKA Josh,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Karin J. Immergut, District Judge, Presiding
Submitted October 28, 2026**
Seattle, Washington
Before: M. SMITH and CHRISTEN, Circuit Judges, and SYKES, District
Judge.***
*
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).
***
The Honorable Sunshine Suzanne Sykes, United States District Judge
for the Central District of California, sitting by designation.
Yesmin Miseal Medina Vargas entered into a plea agreement in which he
pleaded guilty to conspiracy to distribute fentanyl in violation of 21 U.S.C.
§§ 841(a)(l), (b)(l)(B)(vi), and 846. Vargas appeals from the district court’s
judgment and also challenges the 121-month sentence imposed following his
guilty-plea conviction. Vargas argues that: (1) he did not knowingly and
voluntarily waive his right to appeal; and (2) the district court plainly erred in
conducting its plea colloquy under Federal Rule of Criminal Procedure
11(b)(1)(N). Vargas claims that the district court erred by applying a two-level
leadership enhancement pursuant to the United States Sentencing Guidelines
§ 3B1.1(c). Because the parties are familiar with the facts, we do not recount them
here except as necessary to explain our decision. We have jurisdiction to hear this
appeal. United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en
banc).
We review de novo whether a defendant has validly waived his statutory
right to appeal. United States v. Lo, 839 F.3d 777, 783 (9th Cir. 2016). “[A]
defendant’s waiver of his appellate rights is enforceable if (1) the language of the
waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is
knowingly and voluntarily made.” United States v. Charles, 581 F.3d 927, 931
(9th Cir. 2009) (citation omitted). When determining whether an appeal waiver
was knowingly and voluntarily made, we look to “the circumstances surrounding
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the signing and entry of the plea agreement,” United States v. Cope, 527 F.3d 944,
949 (9th Cir. 2008) (citation omitted), and “ask what the defendant reasonably
understood to be the terms of the agreement when he pleaded guilty.” United
States v. Medina-Carrasco, 815 F.3d 457, 461 (9th Cir. 2016) (citation modified).
The record shows that Vargas knowingly and voluntarily waived his right to
appeal. Vargas was represented by counsel when he signed the plea agreement.
Both Vargas and his counsel confirmed on the record that the plea agreement was
translated into Spanish and that he reviewed the agreement with the assistance of a
Spanish interpreter. Vargas signed the plea agreement and an advisal that
confirmed he had carefully reviewed every part of the agreement with his attorney
and understood and voluntarily agreed to its terms. The advisal further provided
that Vargas expressly waived his rights to appeal as outlined in this agreement.
These “circumstances surrounding the signing” of the appeal waiver support the
conclusion that Vargas’ waiver was knowing and voluntary. See Lo, 839 F.3d at
783.
The district court conducted a thorough Rule 11 plea inquiry. The court
asked Vargas whether he understood that by signing the agreement he was giving
up most, if not all, of his rights to appeal, to which Vargas unequivocally
answered, “yes.” The court then asked whether he had “discuss[ed] that paragraph
carefully with [his] attorney.” When Vargas responded, “not that much,” the court
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explained, “as long as I sentence you within the law, there are very limited issues
that can come up that would allow you to appeal your sentence and conviction in
this case.” The court then once more asked whether Vargas had “review[ed] that
well enough with your attorney so you understand it.” Vargas answered: “Yes. I
do understand it, more or less.” This court has concluded that where a trial court:
(1) explains to the defendant that he or she is giving up the right to appeal; (2) asks
the defendant if they understand; and (3) receives verbal confirmation of
understanding from the defendant, the record is “sufficient to find a knowing and
voluntary waiver.” United States v. Watson, 582 F.3d 974, 986–987 (9th Cir.
2009) (citing United States v. Baramdyka, 95 F.3d 840, 844 (9th Cir. 1996)). Here,
we conclude the district court did not err in finding that “the waiver was knowingly
and voluntarily made given the circumstances surrounding the agreement.” Id. at
978.
The district court did not plainly err in conducting the Rule 11(b)(1)(N) plea
colloquy; it fully complied with the Rule because it informed Vargas of the appeal
waiver provision, confirmed that he had read the waiver paragraph and reviewed it
with counsel, and confirmed that he understood it. See Watson, 582 F.3d at 987.
Moreover, on this record, any Rule 11 error did not affect Vargas’ substantial
rights because he failed to show a reasonable probability that but for the Rule 11
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error, he would not have entered the guilty plea. See United States v. Kyle, 734
F.3d 956, 963 (9th Cir. 2013).1
It is undisputed that Vargas’ right to appeal the leadership enhancement was
not preserved by any exception in the plea agreement. Watson, 582 F.3d at 988.
DISMISSED.
1
The facts of this case do not satisfy the miscarriage of justice exception to appeal
waivers recently recognized in Hunter v. United States, 608 U.S. 713, 727–28
(2026).
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