United States v. Jose Escobar-Gamez
Opinion
MEMORANDUM **
Jose Eseobar-Gamez appeals from his conviction and sentence for reentry of removed alien under 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we dismiss the appeal.
We review de novo whether an appellant has waived his right to appeal. United States v. Smith, 389 F.3d 944, 953 (9th Cir. 2004) (per curiam). The terms of the appeal waiver in Escobar-Gamez’s plea agreement clearly encompass this appeal from his conviction and his sentence to the low end of the Sentencing Guidelines range. See id. The record also plainly shows that the waiver was knowing and voluntary. See id. We therefore dismiss this appeal. See id.
We decline to address Escobar-Gamez’s claim of ineffective assistance of counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003).
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jose ESCOBAR-GAMEZ, Defendant-Appellant
- Status
- Unpublished