US v. Chavez-Diaz, No. 18-50391 (2-5-20)(Bress w/Bea & Collins). The 9th, in reversing a district court, makes clear that an unconditional guilty plea does not allow an appeal challenging equal protection and due process claims. The 9th notes an exception for when the appeal would foreclose prosecution entirely, such as for jurisdiction, double jeopardy, vindictive prosecution, or unconstitutional statutes.  In this case, however, the exception does not apply to challenges to 1325 “Streamline” procedures, separate calendars, and conditions.

The 9th also brushed aside counsel’s stating, at the plea colloquy, that the defendant preserved his appellate rights. The plea colloquy covered the factual basis.

The case is a good review of what is waived with a straight up plea. Here, an unconditional plea waived equal protection and due process claims that would not bar the govt from ever prosecuting.

Another righteous appeal by Kara Hartzler of the Fed Def of San Diego.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/05/18-50391.pdf