United States v. Martinez-Cruz
Docket: No. 04-10594
Court: Court of Appeals for the Ninth Circuit; June 28, 2005; Federal Appellate Court
Benigno Martinez-Cruz appeals his sentence for illegal reentry after deportation under 8 U.S.C. § 1326(a). He argues for a remand for resentencing based on United States v. Booker, claiming the case should be evaluated under the advisory United States Sentencing Guidelines. Additionally, he asserts that his waiver of the right to appeal should not be enforced because he was misinformed that the Sentencing Guidelines were mandatory, affecting the voluntariness of his guilty plea. However, this argument is countered by the precedent set in United States v. Cardenas, which dismisses his claim. The appeal is dismissed, and the memorandum is designated as not suitable for publication, limiting its citation as per Ninth Circuit Rule 36-3.