United States v. Benito Tinoco
United States v. Benito Tinoco
Opinion
MEMORANDUM **
Benito Tinoco appeals from the 37-month sentence imposed following his *795 guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.
Tinoco contends that the district court violated Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) by denying him his right of allocution. Tinoco waived his right to appeal this issue and has failed to show that the waiver is invalid. Accordingly, we dismiss in light of the valid appeal waiver. See United States v. Joyce, 357 F.3d 921, 924 (9th Cir. 2004).
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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