Opinion
No. 08-10383.
Argued and Submitted June 14, 2010.
Filed July 15, 2010.
David L. Gappa, Assistant U.S. Attorney, USF-Office of the U.S. Attorney, Fresno, CA, for Plaintiff-Appellee.
Roger T. Nuttall, Ph.D., Law Offices of Nuttall Coleman, Fresno, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of California, Lawrence J. O'Neill, District Judge, Presiding. D.C. No. 1:06-cr-00066-LJO.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Raymond W. Ronell, Jr. pleaded guilty and was sentenced for sexual exploitation of a minor, 18 U.S.C. § 2251(a), and receipt and distribution of child pornography, 18 U.S.C. § 2252(a)(2). We affirm. Ronell challenges the district court's denial of his motion to suppress. Ronell failed, however, to preserve this issue for appellate review because he pleaded guilty without a written plea agreement and made no reservation of rights at the plea hearing. When a defendant pleads guilty without conditions, the plea "constitutes a waiver of the right to appeal all nonjurisdictional antecedent rulings and cures all antecedent constitutional defects." United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir. 2005). Accordingly, we dismiss this portion of Ronell's appeal.
Ronell also challenges sentencing enhancements based on information the government obtained after his guilty plea. There is no bar, however, to using after-acquired evidence to enhance a sentence. "The trial judge has always been permitted to consider the circumstances of the offense together with the character and propensities of the offender." United States v. Belgard, 894 F.2d 1092, 1099 (9th Cir. 1990) (internal quotation marks omitted).