Opinion
No. 06-30260.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 16, 2007.
Rafael M. Gonzalez, Jr., Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee.
Thomas M. Monaghan, Esq., Federal Defenders of Eastern Washington Idaho, Boise, ID, for Defendant-Appellant.
Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding. D.C. No. CR-05-00250-EJL.
Before: LEAVY, THOMAS, and BERZON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Antonio Cuevas-Rodriguez appeals from his 57-month sentence imposed following his guilty-plea conviction for illegal reentry into the United States, in violation of 8 U.S.C. § 1326(a).
Assuming arguendo that Cuevas-Rodriguez's appeal waiver was invalidated by the district court's oral pronouncements, we conclude that the district court properly considered the advisory Sentencing Guidelines and the 18 U.S.C. § 3553(a) sentencing factors in imposing the sentence. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 2314, 164 L.Ed.2d 832 (2006).