United States v. Denis Calix-Gonzalez

MEMORANDUM

Denis Joel Calix-Gonzalez appeals from the 70-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.

Calix contends that the appeal waiver in his plea agreement is unenforceable. After careful de novo review, we enforce the appeal waiver. See United States v. Shimoda, 334 F.3d 846, 848 (9th Cir.2003) (whether an appellant has waived his right to appeal is a question of law that we review de novo).

A defendant’s waiver, of his appellate rights is enforceable if the language of the waiver encompasses his right to appeal on the grounds raised, and if the waiver was knowingly and voluntarily made. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir.1996). We are satisfied that Ca-lix’s argument on appeal falls within the scope of the waiver and that Calix entered into both the plea agreement and the appeal waiver knowingly and voluntarily, as demonstrated by the express language of the plea agreement waiving his right to appeal any aspect of his sentence, and by the…