Opinion
No. 14-10505
09-24-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SALVADOR ARREDONDO-PILLADO, AKA Chapo, AKA Jose Pillado Moreno, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:13-cr-00275-LRH-PAL-1 MEMORANDUM Appeal from the United States District Court for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted September 18, 2015 San Francisco, California Before: CHRISTEN and FRIEDLAND, Circuit Judges, and LEMELLE, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District Court for the Eastern District of Louisiana, sitting by designation.
Salvador Arredondo-Pillado appeals his conviction and sentence, and moves to withdraw his guilty plea. We affirm.
Arredondo-Pillado pleaded guilty to one count of conspiracy to distribute methamphetamine pursuant to a plea agreement with the Government containing a waiver of appeal rights that he concedes bars this appeal if valid. Arredondo-Pillado challenges his waiver of appeal rights solely on the ground that it was not knowing or voluntary because the Government failed to disclose, prior to the execution of his plea agreement, evidence which he contends the Government was obliged to turn over pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny.
Arredondo-Pillado's Brady argument fails because, as he concedes, the evidence he identifies is neither exculpatory nor material impeachment evidence, and hence is not Brady material. United States v. Stinson, 647 F.3d 1196, 1208 (9th Cir. 2011).
Because no Brady violation occurred, and because Arredondo-Pillado raises no other argument challenging the voluntariness of his appeal waiver, we enforce it and affirm. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007) (affirming the defendant's sentence pursuant to the enforcement of an appeal waiver).
Because we affirm, Arredondo-Pillado's motion to withdraw his guilty plea is DENIED. --------
AFFIRMED.