United States v. Fabio Noel-Rodriguez

MEMORANDUM

Fabio Noel-Rodriguez appeals from the district court’s judgment and challenges the 148-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Noel-Rodriguez contends that the district court incorrectly calculated the advisory Guidelines range and imposed an unreasonable sentence. The government contends that this appeal should be dismissed based on a sentencing appeal waiver. We review de novo whether Noel-Rodriguez has waived his right to appeal. See United States v. Watson, 582 F.3d 974, 981 (9th Cir.2009). Because the district court made no reference to the sentencing appeal waiver at the plea hearing, we cannot enforce the waiver. See United States v. Arellano-Gallegos, 387 F.3d 794, 797 (9th Cir.2004).

Because Noel-Rodriguez did not raise any objection to the Guidelines calculation before the district court, we review for plain error. See United States v. Bonilla-Guizar, 729 F.3d 1179, 1187 (9th Cir. 2013). Although the district court determined that Noel-Rodriguez was a…