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Davies v. Benov

United States Court of Appeals, Ninth Circuit

May 17, 2017

Matthew Rowan Davies, Petitioner-Appellant,
v.
Michael Benov, Respondent-Appellee.

          Argued and Submitted March 15, 2017 San Francisco, California

         Appeal from the United States District Court No. 1:15-cv-00275-MJS for the Eastern District of California Michael J. Seng, Magistrate Judge, Presiding

          Cody 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.

         SUMMARY[*]

         Habeas Corpus

         Affirming 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.

          OPINION

          GOULD, Circuit Judge.

         Matthew 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 petition.

         I

         Davies owned and operated medical marijuana dispensaries in Stockton and Sacramento, California, which he contends complied with state and local medical marijuana laws.[1] 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 agreement reads:

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. ยง 2255 ...

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