United States v. Juan Montes-Torres

519 F. App'x 485

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2013
• Docket: 12-50159
• Status: Unpublished

Opinion

MEMORANDUM **

Juan Montes-Torres appeals from the district court’s judgment and challenges the order denying his motion to dismiss the indictment charging him with being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We dismiss.

The government argues that this appeal should be dismissed because Montes-Tor- res waived his right to appeal pretrial constitutional defects when he entered an unconditional guilty plea. We review de novo whether a defendant waived his right to appeal. See United States v. Arias-Espinosa, 704 F.3d 616, 618 (9th Cir.2012).

When Montes-Torres entered his guilty plea, he did not preserve his right to challenge the district court’s denial of his motion to dismiss the indictment. Thus, he waived his right to bring this appeal. See United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005). Contrary to Montes-Torres’s contention, the district court’s statement at the subsequent sentencing hearing that he retained the right to appeal did not restore his right to appeal the court’s denial of his motion to dismiss. See id. at 1176-77.

DISMISSED.

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