Vieyra

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 21 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-7188 D.C. No. Plaintiff - Appellee, 1:23-cr-00145-DAD-BAM-1 v.

MEMORANDUM*

JOSE ANTONI VIEYRA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Submitted January 7, 2026** San Francisco, California

Before: GOULD, NGUYEN, and BENNETT, Circuit Judges.

Jose Antoni Vieyra appeals his 56-month sentence for dealing firearms

without a license in violation of 18 U.S.C. § 922(a)(l)(A). Vieyra raises arguments

challenging the enforceability of the appellate waiver in his plea agreement. He also

contends that, even if the waiver is valid, it does not apply to his constitutional claims

* 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.…