U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Agustin Gonzales-Rodriguez

United States v. Agustin Gonzales-Rodriguez
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2011 · Canby, Fernandez, Smith
415 F. App'x 777

United States v. Agustin Gonzales-Rodriguez

Opinion

MEMORANDUM **

Agustín Guadalupe Gonzales-Rodriguez appeals from the 37-month sentence imposed following his guilty-plea conviction to re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Gonzales-Rodriguez contends that the district court erred when it applied the 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) after finding that his prior conviction for statutory rape was a “crime of violence.” The valid and enforceable appeal waiver set forth in the plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We therefore enforce the waiver and dismiss the appeal.

DISMISSED.

**

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

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