United States v. Jeronimo, __ F.3d __ (9th Cir. Feb. 23, 2005)      Court lacks jurisdiction to entertain appeals where there is a valid and enforceable waiver of right to appeal. United States v. Vences, 169 F.3d 611, 613 (9th Cir. 1999). Appellate court reviews de novo whether defendant has waived right to appeal by entering into plea agreement and validity of such a waiver. United States v. Ventre, 338 F.3d 1047, 1051 (9th Cir. 2003). Waiver of 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. Joyce, 357 F.3d 921, 922 (9th Cir. 2004); United States v. Martinez, 143 F.3d 1266, 1270-71 (9th Cir. 1998). Here, defendant waived all grounds, including whether the trial court abused discretion in refusing to let him withdraw his plea. Record on direct appeal insufficient to determine whether agreement was knowingly and voluntarily made. Matter should be raised in habeas. Note Berzon, J. dissent: "the majority offends logic with a basic chicken and egg scenario: It relies on a waiver whose validity is contingent upon the answer to a legal question to preclude the consideration of that very legal question." Trial counsel left defendant uninformed about a certain legal fate (sentencing as career criminal) and instead affirmatively indicated a lower sentence was possible than was actually the case. This issue could and should be dealt with on direct appeal, as the evidence had been presented to the trial court during the plea withdrawal hearing and the government did not dispute it. Ed. Note: Judge Berzon is absolutely right. There is absolutely no point in wasting everyones time and money raising an issue on habeas that can easily be reached on direct appeal.