Narrative Opinion Summary
Ralph Lopez appeals his 18-month sentence following a guilty plea for conspiracy to transport illegal aliens, violating 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (a)(1)(B)(i). The appeal is dismissed due to a valid appeal waiver, established as knowing and voluntary per established case law (United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000)). The court also cites United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005), affirming that changes in sentencing law post-Booker do not invalidate appeal waivers. This decision is not suitable for publication and cannot be cited in future cases except as allowed by 9th Cir. R. 36-3.
Legal Issues Addressed
Effect of Post-Booker Sentencing Changes on Appeal Waiverssubscribe to see similar legal issues
Application: The court reaffirmed that changes in sentencing law after Booker do not affect the validity of appeal waivers.
Reasoning: The court also cites United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005), affirming that changes in sentencing law post-Booker do not invalidate appeal waivers.
Enforceability of Appeal Waiverssubscribe to see similar legal issues
Application: The appeal was dismissed because the defendant's waiver of the right to appeal was found to be knowing and voluntary, thus enforceable.
Reasoning: The appeal is dismissed due to a valid appeal waiver, established as knowing and voluntary per established case law (United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000)).
Publication and Citation Restrictionssubscribe to see similar legal issues
Application: The decision in this case is not eligible for publication and can only be cited in specific circumstances as outlined by court rules.
Reasoning: This decision is not suitable for publication and cannot be cited in future cases except as allowed by 9th Cir. R. 36-3.