Opinion
No. 11-10482 D.C. No. 5:10-cr-00149-EJD-1
2013-10-01
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFONSO CONTRERAS-LEON, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Argued and Submitted September 9, 2013
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and BATTAGLIA, District Judge.
The Honorable Anthony J. Battaglia, United States District Judge for the Southern District of California, sitting by designation.
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Alfonso Contreras-Leon appeals his conviction, after a guilty plea, of illegal reentry in violation of 8 U.S.C. § 1326. He seeks to challenge the validity of his 1998 removal. Because he entered an unconditional guilty plea, he waived his right to appeal. See Fed. R. Crim. P. 11(a)(2). Even if there were some ambiguity in connection with the waiver, however, his appeal would lack merit. The subsequent removal in 2001 was also charged in the indictment and constituted an independent basis for his conviction.
The appeal is DISMISSED.