Summary
holding that rational jury could have found that defendant was an "inmate of a prison" for § 1791 purposes, where defendant was held at a local facility pending federal charges pursuant to an agreement between the facility and United States
Summary of this case from United States v. RayaOpinion
No. 05-10802.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 20, 2007.
Jacki Lynn Ireland, Esq., USPX — Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Bruce A. Alldredge, Esq., Phoenix, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Roger G. Strand, District Judge, Presiding. D.C. No. CR-04-00337-RGS.
Before: O'SCANNLAIN, CLIFTON, and BEA, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Leonel Luna-Perez appeals from his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We dismiss this appeal.
Luna-Perez contends the district court abused its discretion by denying his motion to withdraw the guilty plea, despite the existence of intervening case law that rendered the guilty plea invalid. This contention lacks merit, because of this court's opinion in Morales-Izquierdo v. Gonzales, 477 F.3d 691 (9th Cir. 2007) (en banc).
Absent any other grounds for invalidating the guilty plea, we enforce the waiver and dismiss Luna-Perez's appeal. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (explaining that appeal waiver is valid when it is entered knowingly and voluntarily).
DISMISSED.