and Submitted March 15, 2017 San Francisco, California
from the United States District Court No. 1:15-cv-00275-MJS
for the Eastern District of California Michael J. Seng,
Magistrate Judge, Presiding
Harris (argued), Philip J. Tassin, Steven P. Ragland, and
Elliot R. Peters, Keker & Van Nest LLP, San Francisco,
California, for Petitioner-Appellant.
Gregory T. Broderick (argued), Assistant United States
Attorney; Camil A. Skipper, Appellate Chief; Phillip A.
Talbert, United States Attorney; United States Attorney's
Office, Sacramento, California; for Respondent-Appellee.
Before: Kim McLane Wardlaw, Ronald M. Gould, and Consuelo M.
Callahan, Circuit Judges.
the district court's denial of Matthew Davies's 28
U.S.C. § 2241 habeas corpus petition in which Davies
asserted that a congressional appropriations rider prohibits
the Bureau of Prisons from using federal funds to incarcerate
him for conduct he contends complied with California's
medical marijuana laws, the panel held that this challenge is
precluded by the collateral-attack waiver provision of
Davies's plea agreement.
Davies filed a 28 U.S.C. § 2241 habeas corpus petition,
contending that a congressional appropriations rider
prohibits the Bureau of Prisons (BOP) from using federal
funds to incarcerate him and seeking release from custody to
remedy the wrongful expenditure. The district court denied
his habeas corpus petition, and Davies appealed. Because
Davies voluntarily waived his right to bring this challenge
through the collateral-attack waiver provision of his plea
agreement, we affirm the denial of his habeas corpus
owned and operated medical marijuana dispensaries in Stockton
and Sacramento, California, which he contends complied with
state and local medical marijuana laws. Davies, however,
was charged with violating federal drug laws, including
manufacturing, distributing, and conspiring to manufacture
and distribute marijuana-a Schedule I controlled substance.
He subsequently entered into a plea agreement, agreeing to a
five-year prison term and pleading guilty to the ten counts
filed against him. His plea agreement included a waiver of
the rights to bring an appeal or collateral attack on his
conviction or sentence. Section VII.B of Davies's plea
Waiver of Appeal and Collateral Attack: The defendant
understands that the law gives him a right to appeal his
conviction and sentence. He agrees as part of his plea,
however, to give up the right to appeal the conviction and
the right to appeal any aspect of the sentence
imposed in this case so long as his prison sentence is no
longer than 5 years.
Regardless of the sentence he receives, the defendant also
gives up any right he may have to bring a post-appeal attack
on his conviction or his sentence. He specifically agrees not
to file a motion under 28 U.S.C. § 2255 ...