United States of America v. Luis Antonio Lafarga-Salazar

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS ANTONIO LAFARGA-SALAZAR,
Defendant - Appellant.
No. 14-50117
D.C. No. 3:13-cr-03269-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Luis Antonio Lafarga-Salazar appeals from the district court’s judgment and
challenges the 63-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We dismiss.
FILED
MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Lafarga-Salazar contends that his sentence is substantively unreasonable.
The government contends that this appeal should be dismissed based on the appeal
waiver contained in the parties’ plea agreement. Lafarga-Salazar argues that the
appeal waiver cannot be enforced because the district court violated Federal Rule
of Criminal Procedure 11. We review de novo whether a defendant has waived his
right to appeal, and for plain error the adequacy of the plea colloquy because
Lafarga-Salazar did not raise a Rule 11 objection in the district court. See United
States v. Watson, 582 F.3d 974, 981, 987 (9th Cir. 2009). The court properly
advised Lafarga-Salazar of the appeal waiver at the plea hearing, see Fed. R. Crim.
P. 11(b)(1)(N), and Lafarga-Salazar has failed to show a reasonable probability
that, but for any alleged Rule 11 errors, he would not have pleaded guilty, see
United States v. Dominguez Benitez, 542 U.S. 74, 76 (2004). Accordingly, we
dismiss this appeal based on the valid appeal waiver. See Watson, 582 F.3d at 988.
DISMISSED.
14-50117 2

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