Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS
_ FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10694
D.C. No. CR—04—01008-JAT
Plaintiff- Appellee,
V.
JUDGMENT
JOSE ANGEL ROMERO-LOPEZ, aka
Mario Avalos,
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and herebyis DISMISSED.
Filed and entered 03/17/06
Amos-co v_ . _
<:Arax Clerkof Qgurt Q
AHEST u I. ; I _
P A@ W T?
A .
Case 2:04-cr—O1008-JAT Document 23 Filed 04/10/2006 Page 1 of 3

7
—· FILED
NOT Pon PUBLICATION MAR 17 2000
UNITED STATES COURT OF APPEALS °AT°·l¥-’*¢ FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10694
Plaintiff- Appellee, D.C. No. CR-04-01008-J AT
v.
MEMoRANDUM *
JOSE ANGEL ROMERO—LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted March 8, 2006**
Before: CANBY, BEEZER, and KOZINSKI, Circuit Judges.
Jose Angel Romero-Lopez appeals from the 63-month Sentence imposed
following his guilty plea conviction for illegal re-entry after deportation in
violation of8 U.S.C. § 1326.
* This disposition is not appropriate for publication and may not be cited
to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
** This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04-cr—O1008-JAT Document 23 Filed O4/10/2006 Page 2 of 3

We dismiss in light ofthe valid appeal waiver. See United States v. Nguyen,
235 F.3d l 179, ll82 (9th Cir. 2000) (stating that appeal waiver is valid when
entered into knowingly and voluntarily); see also United States v. Cardenas, 405
F.3d 1046, 1048 (9th Cir. 2005) (holding that changes in sentencing law imposed
by United States v. Booker, 543 U.S. 220 (2005), did not render appeal waiver
involuntary and unknowing). The waiver of his appeal rights under l8 U.S.C.
§ 3742 encompasses Romero-Lopez’s challenge to the district court’s sentence
under the then-mandatory guidelines. See United States v. Joyce, 357 F.3d 92l,
924 (9th Cir. 2004) ("A defendants waiver of his appellate rights is enforceable if
the language ofthe waiver encompasses his right to appeal on the grounds raised,
and if the waiver was knowingly and voluntarily made.").
i DISMISSED.
estee m ,
"°‘*“* (
in-AP]; |i6.2@
=-· Clpitqe .
2
Case 2:04-cr—O1008-JAT Document 23 Filed O4/10/2006 Page 3 of 3

Case 2:04-cr-01008-JAT

Document 23

Filed 04/10/2006

Page 1 of 3

Case 2:04-cr-01008-JAT

Document 23

Filed 04/10/2006

Page 2 of 3

Case 2:04-cr-01008-JAT

Document 23

Filed 04/10/2006

Page 3 of 3