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No. 8630390
United States Court of Appeals for the Ninth Circuit
United States v. Luna-Perez
No. 8630390 · Decided April 20, 2007
No. 8630390·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 20, 2007
Citation
No. 8630390
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Leonel Luna-Perez appeals from his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). We dismiss this appeal. Luna-Perez contends the district court abused its discretion by denying his motion to withdraw the guilty plea, despite the existence of intervening case law that rendered the guilty plea invalid. This contention lacks merit, because of this court’s opinion in Morales-Izquierdo v. Gonzales, 477 F.3d 691 (9th Cir.2007) (en banc). Absent any other grounds for invalidating the guilty plea, we enforce the waiver and dismiss Luna-Perez’s appeal. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (explaining that appeal waiver is valid when it is entered knowingly and voluntarily). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Leonel Luna-Perez appeals from his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Leonel Luna-Perez appeals from his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C.
02Luna-Perez contends the district court abused its discretion by denying his motion to withdraw the guilty plea, despite the existence of intervening case law that rendered the guilty plea invalid.
03This contention lacks merit, because of this court’s opinion in Morales-Izquierdo v.
04Absent any other grounds for invalidating the guilty plea, we enforce the waiver and dismiss Luna-Perez’s appeal.
Frequently Asked Questions
MEMORANDUM ** Leonel Luna-Perez appeals from 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. Luna-Perez in the current circuit citation data.
This case was decided on April 20, 2007.
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