United States of America v. Javier Moreno-Mendoza

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAVIER MORENO-MENDOZA,
Defendant-Appellant.
No. 17-50262
D.C. No. 3:17-cr-00104-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
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.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 17 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50262
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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