U.S. v. Rivera-Garcia

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Julio RIVERA-GARCIA, aka…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 31, 2002

42 F. App'x 924 (9th Cir. 2002)

Opinion

42 Fed.Appx. 924 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Julio RIVERA-GARCIA, aka Homero Perez, Defendant--Appellant. No. 01-10744. D.C. No. CR-01-00785-MHM. United States Court of Appeals, Ninth Circuit. July 31, 2002

Submitted July 22, 2002. ^*

* 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NOT FOR PUBLICATION.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)

Appeal from the United States District Court for the District of Arizona, Mary H. Murguia, Distict Judge, Presiding.

Before BROWNING, KOZINSKI, and BERZON, 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 may be provided by Ninth Circuit Rule 36-3.

Julio Rivera-Garcia appeals the sentence imposed following his guilty plea to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2). Rivera-Garcia contends that the district court erred in denying his request for a downward departure under U.S. S.G. § 5K1.16 on account of his voluntary surrender.

In the plea agreement, Rivera-Garcia expressly waived his right to appeal the judgment and sentence. Because there is no indication in the record, and Rivera-Garcia does not contend, that the waiver was not knowing and voluntary, United States v. Anglin, 215 F.3d 1064 (9th Cir.2000), we enforce the waiver and dismiss the appeal.

DISMISSED.