Narrative Opinion Summary
Reyes Garrate-Tirado appealed a 34-month sentence for harboring illegal aliens, a violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (v)(iii). The court held jurisdiction under 28 U.S.C. § 1291 and dismissed the appeal based on a valid appeal waiver. Garrate-Tirado argued that the waiver did not prevent him from contesting the sentencing process, but the court found that the plea agreement clearly waived the right to appeal under 18 U.S.C. § 3742, which encompasses claims of unlawful sentencing. Consequently, the court enforced the appeal waiver and dismissed the appeal. This ruling is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.
Legal Issues Addressed
Jurisdiction of Appealssubscribe to see similar legal issues
Application: The court exercised jurisdiction under 28 U.S.C. § 1291 to review the appeal.
Reasoning: The court held jurisdiction under 28 U.S.C. § 1291 and dismissed the appeal based on a valid appeal waiver.
Non-Publication and Precedential Valuesubscribe to see similar legal issues
Application: The ruling is designated as non-precedential, aligning with 9th Circuit rules on unpublished opinions.
Reasoning: This ruling is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.
Validity of Appeal Waiverssubscribe to see similar legal issues
Application: The court enforced the waiver in the plea agreement, finding it clearly waived the right to appeal sentencing issues.
Reasoning: Garrate-Tirado argued that the waiver did not prevent him from contesting the sentencing process, but the court found that the plea agreement clearly waived the right to appeal under 18 U.S.C. § 3742, which encompasses claims of unlawful sentencing.