United States v. Raymond Ronell, Jr.

U.S. Court of Appeals for the Ninth Circuit
United States v. Raymond Ronell, Jr., 387 F. App'x 778 (9th Cir. 2010)

United States v. Raymond Ronell, Jr.

Opinion

MEMORANDUM **

Raymond W. Ronell, Jr. pleaded guilty and was sentenced for sexual exploitation of a minor, 18 U.S.C. § 2251(a), and receipt and distribution of child pornography, 18 U.S.C. § 2252(a)(2). We affirm. Ronell challenges the district court’s denial of his motion to suppress. Ronell failed, however, to preserve this issue for appellate review because he pleaded guilty without a written plea agreement and made no reservation of rights at the plea hearing. When a defendant pleads guilty without conditions, the plea “constitutes a waiver of the right to appeal all nonjurisdictional antecedent rulings and cures all antecedent constitutional defects.” United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir. 2005). Accordingly, we dismiss this portion of Ronell’s appeal.

Ronell also challenges sentencing enhancements based on information the government obtained after his guilty plea. There is no bar, however, to using after-acquired evidence to enhance a sentence. “The trial judge has always been permitted to consider the circumstances of the offense together with the character and *779 propensities of the offender.” United States v. Belgard, 894 F.2d 1092, 1099 (9th Cir. 1990) (internal quotation marks omitted).

DISMISSED in part; AFFIRMED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Raymond William RONELL, Jr., Defendant-Appellant
Status
Unpublished