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United States v. Canel-Ruby

United States Court of Appeals, Ninth Circuit
Sep 19, 2005
147 F. App'x 682 (9th Cir. 2005)

Opinion

Submitted September 12, 2005.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Daniel Jon Santander, AUSA, USTU--Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Hortencia Delgadillo, Esq., Tucson, AZ, for Defendant-Appellant.


Appeal from the United States District Court for the District of Arizona, Cindy K. Jorgenson, District Judge, Presiding D.C. No. CR-04-00519-CKJ.

Before: REINHARDT, RYMER and HAWKINS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Emilio Canel-Ruby appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a).

We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2004), did not render waiver of appeal involuntary and unknowing).

DISMISSED.


Summaries of

United States v. Canel-Ruby

United States Court of Appeals, Ninth Circuit
Sep 19, 2005
147 F. App'x 682 (9th Cir. 2005)
Case details for

United States v. Canel-Ruby

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Emilio CANEL-RUBY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 19, 2005

Citations

147 F. App'x 682 (9th Cir. 2005)