UNITED STATES v. MORENO MENDOZA (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Javier MORENO-MENDOZA, Defendant-Appellant.

No. 17-50262

Decided: May 17, 2018

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Eric George Roscoe, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee Richard A. Viczorek, Law Office of Richard A. Viczorek, Dana Point, CA, for Defendant-Appellant

MEMORANDUM **

Javier Moreno-Mendoza appeals from the district court’s judgment and challenges the 19-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291. We dismiss.

Moreno-Mendoza argues that the district court improperly calculated the applicable Sentencing Guidelines range. The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The court imposed a sentence below the Guidelines range recommended by the government at sentencing. Thus, the terms of the appeal waiver in Moreno-Mendoza’s plea agreement unambiguously encompass this sentencing appeal. See id. at 1205-06. Accordingly, we dismiss pursuant to the valid waiver. See id. at 1207.

DISMISSED.

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