United States v. Luis Lopez-Gramajo

MEMORANDUM

Luis Felipe Lopez-Gramajo appeals from the 33-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a) with a sentencing enhancement under 8 U.S.C. § 1326 (b). We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss.

Lopez contends that the appeal waiver in his plea agreement is unenforceable. We decline to enforce an appeal waiver only if the court failed to comply with Federal Rule of Criminal Procedure 11, the court' informed the defendant that he retained the right to appeal, the sentence did not comport with the terms of the plea agreement, or the sentence violated the law. United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007). None of these exceptions apply here. The court conducted a thorough Rule 11 colloquy, which included an admonishment regarding the appeal waiver. Lopez was not informed that he retained the right to appeal, and the sentence comported with the terms of the plea agreement.

We find no merit to Lopez’s claim that his sentence is illegal because it exceeds the two-year statutory maximum sentence under 8 U.S.C. § 1326 (a). Both the indictment against Lopez and…