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No. 8624523
United States Court of Appeals for the Ninth Circuit
United States v. Heredia-Valdez
No. 8624523 · Decided August 25, 2006
No. 8624523·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 25, 2006
Citation
No. 8624523
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Ignacia Heredia-Valdez appeals from the 48-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). Heredia-Valdez contends that the appeal waiver should not be enforced because the district court abrogated the terms of the plea agreement. We conclude the district court properly calculated the offense level and criminal history based upon Heredia-Valdez’s prior convictions, and imposed a sentence within the corresponding range provided in the plea agreement. Absent any violation of the plea agreement, Heredia-Valdez’s appeal waiver must be enforced and we dismiss the appeal. See United States v. Schuman, 127 F.3d 815, 818 (9th Cir.1997) (per curiam). DISMISSED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Jose Ignacia Heredia-Valdez appeals from the 48-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Jose Ignacia Heredia-Valdez appeals from the 48-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C.
02Heredia-Valdez contends that the appeal waiver should not be enforced because the district court abrogated the terms of the plea agreement.
03We conclude the district court properly calculated the offense level and criminal history based upon Heredia-Valdez’s prior convictions, and imposed a sentence within the corresponding range provided in the plea agreement.
04Absent any violation of the plea agreement, Heredia-Valdez’s appeal waiver must be enforced and we dismiss the appeal.
Frequently Asked Questions
MEMORANDUM ** Jose Ignacia Heredia-Valdez appeals from the 48-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Heredia-Valdez in the current circuit citation data.
This case was decided on August 25, 2006.
Use the citation No. 8624523 and verify it against the official reporter before filing.