United States v. Javier Moreno-Mendoza

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 17 2018 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-50262 Plaintiff-Appellee, D.C. No. 3:17-cr-00104-WQH

v.

MEMORANDUM*

JAVIER MORENO-MENDOZA,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted May 15, 2018**

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Javier Moreno-Mendoza appeals from the district court’s judgment and challenges the 19-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We dismiss.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Moreno-Mendoza argues that the district court improperly calculated the applicable Sentencing Guidelines range. The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The court imposed a sentence below the Guidelines range recommended by the government at sentencing. Thus, the terms of the appeal waiver in Moreno-Mendoza’s plea agreement unambiguously encompass this sentencing appeal. See id. at 1205-06. Accordingly, we dismiss pursuant to the valid waiver. See id. at 1207.

DISMISSED.

2 17-50262