United States v. Hernandez-Escobar
United States v. Hernandez-Escobar
Opinion of the Court
MEMORANDUM
Jose Manuel Hemandez-Escobar appeals the sentence imposed following his
As part of his plea agreement, Hernandez-Escobar waived his right to bring an appeal. Hernandez-Escobar does not contend that his guilty plea was involuntary or unknowing. In his supplemental brief, Hernandez-Escobar contends that the district court err in sentencing him when it applied the Sentencing Guidelines as mandatory. Hernandez-Escobar’s contention is foreclosed by United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (rejecting a Booker challenge in a case involving a plea appellate waiver “because a change in law does not make a plea involuntary and unknowing.”)
Accordingly, we enforce the waiver of his appellate rights, and dismiss the appeal. See United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir. 1990).
DISMISSED.
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.
. We grant appellant’s motion to file a supplemental brief.
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