Arce-Hernandez

NOT FOR PUBLICATION FILED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. 25-558

Plaintiff-Appellee, D.C. No. v. 2:23-cr-01722-DHJ-

NOE DE JESUS ARCE-HERNANDEZ,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted January 8, 2026** Phoenix, Arizona

Before: HAWKINS, RAWLINSON, and BRESS., Circuit Judges.

Noe De Jesus Arce-Hernandez (Arce-Hernandez) appeals the sentence

imposed by the district court, following his guilty plea to one count of distribution

of methamphetamine. Arce-Hernandez asserts his right to appeal despite the

* 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).

1 waiver in his plea agreement. We have jurisdiction under 28 U.S.C. § 1291 and…