United States v. Saul Perez-Mancilla

MEMORANDUM

Defendant-Appellant Saul Perez-Man-cilla appeals from his judgment of conviction, challenging the 83-month sentence that followed his guilty plea to unlawful reentry in violation of 8 U.S.C. § 1326 . Specifically, he contests the 16-level upward adjustment in his offense level that resulted from his prior conviction for felony battery. We conclude that he waived his appeal rights in his plea agreement.

Perez-Mancilla pleaded guilty to illegal reentry. He entered into a written plea agreement on October 24, 2012, that detailed various sentencing ranges that could be imposed at sentencing depending on what the sentencing judge found to be his offense level and criminal history category. The plea agreement provided that Perez-Mancilla was waiving his appeal rights as long as he received a sentence “in accordance with” the plea agreement. Perez-Mancilla’s appeal waiver encompassed “any right to file an appeal,” including “any aspect of the defendant’s sentence” and “the manner in which the sentence is determined and any sentencing guideline determinations.” At the time the plea was entered, a magistrate judge explained to Perez-Mancilla that this language meant he agreed…