United States v. Eswin Cifuentes-Lopez

MEMORANDUM

Eswin Cifuentes-Lopez appeals from the district court’s judgment and challenges the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We dismiss.

Cifuentes-Lopez contends that the district court failed to give meaningful consideration to ah of the 18 U.S.C. § 3553 (a) factors and to his arguments for a variance from the advisory Sentencing Guidelines range. He further contends that the court gave too much weight to his criminal history and “violent nature” and that the resulting sentence is substantively unreasonable.

The government submits that the appeal is barred by the waiver in the parties’ plea agreement. We review de novo and conclude that the waiver is valid and binding and bars the appeal. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.2007).

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.