Narrative Opinion Summary
Lamberto Medina-Solorio appeals his conviction and sentence for illegal re-entry after deportation, which is a violation of 8 U.S.C. § 1326(a), with a sentencing enhancement under 8 U.S.C. § 1326(b)(2). He knowingly and voluntarily waived his statutory right to appeal and received a sentence that complied with the plea agreement. Consequently, the court enforces the waiver and dismisses the appeal, referencing United States v. Nguyen, 235 F.3d 1179, 1183 (9th Cir. 2000). The decision is not for publication and cannot be cited in future court cases except as allowed under Ninth Circuit Rule 36-3.
Legal Issues Addressed
Enforcement of Plea Agreement Termssubscribe to see similar legal issues
Application: The court enforced the terms of the plea agreement by dismissing the appeal, as the sentence imposed was consistent with what was agreed upon in the plea deal.
Reasoning: Consequently, the court enforces the waiver and dismisses the appeal, referencing United States v. Nguyen, 235 F.3d 1179, 1183 (9th Cir. 2000).
Non-Publication and Citation Restrictionssubscribe to see similar legal issues
Application: The decision in this case is designated as non-precedential and cannot be cited in future cases, except as permitted under specific circuit court rules.
Reasoning: The decision is not for publication and cannot be cited in future court cases except as allowed under Ninth Circuit Rule 36-3.
Waiver of Right to Appealsubscribe to see similar legal issues
Application: The defendant's waiver of his statutory right to appeal was enforced because it was made knowingly and voluntarily, and the sentence complied with the plea agreement terms.
Reasoning: He knowingly and voluntarily waived his statutory right to appeal and received a sentence that complied with the plea agreement.