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

_ I UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10625
D.C. No. CR—04-00743-NVW
Plaintiff- Appellee,
V.
AMENDED JUDGMENT
MANUEL CHAVEZ-SUAREZ,
Defendant — Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
This cause came on to be heard on the Transcript of the Record from the i
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal of the said District Court in this cause be, and hereby is
1 DISMISSED.
Filed and entered 09/15/05
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Case 2:04—cr—00743-NVW Document 29 Filed 10/19/2005 Page 0 3

‘ Nor Fon PUBL1cAr1oN SEP 15 2005
UNITED STATES count or APPEALS °ATUY$-”fi€·?=iTg·5??P"%¤$5ERK
FOR THE NINTH CIRCUIT
I UNITED STATES OF AMERICA, No. 04-10625
Plaintiff- Appellee, . D.C. No. CR-04-00743-NVW
v.
MEMoRANDUM*
MANUEL CHAVEZ-SUAREZ,
Defendant — Appellant.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted September 12, 2005**
Before: REINHARDT, RYMER and HAWKINS, Circuit Judges.
Manuel Chavez-Suarez appeals the 57—month sentence imposed following
his guilty plea to illegal re-entry after deportation in violation of 8 U.S.C.
§ l326(a), enhanced by § l326(b). We dismiss the appeal.
* This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
** This panel unanimously finds this case suitable for decision without
oral argument. See P ed. R. App. P. 34(a)(2).
Case 2:04—cr—00743—NVW Document 29 Filed 10/19/2005 Page 2 of 3


` Chavez-Suarez contends that the appeal waiver in his plea agreement is
invalid because he was illegally sentenced above the statutory maximum. This
contention is foreclosed by United States v. M0ren0—Hernandez, No. O3-30387,
2005 WL 1964483, at *7 n.8 (9th Cir. Aug. 17, 2005) (holding that an 8 U.S.C. §
l326(b) sentence enhancement based on the fact of a prior conviction for assault
raised no Sixth Amendment problems). Because Chavez-Suarez knowingly and
voluntarily waived his right to appeal and was sentenced within the terms ofthe
plea agreement, we enforce the waiver and dismiss the appeal. See United States
v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (stating that an appeal waiver is
valid when it is entered knowingly and voluntarily); see also United States v.
Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (holding that the changes in
sentencing law imposed by United States v. Booker, 125 S. Ct. 738 (2005), did not
render waiver of appeal involuntary and unknowing).
DISMISSED.
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