United States v. Jose Sanchez-Osuna

MEMORANDUM

In these consolidated appeals, Jose Sanchez-Osuna, a.k.a. Jorge Javier Rivera Lopez, appeals from the district court’s judgments and challenges the 51-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1826 ; and the 12-month-and-one-day consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 . We dismiss Appeal No. 13-10599, and we affirm in Appeal No. 13-10602.

The government contends that these appeals should be dismissed based on the appeal waiver in the parties’ plea agreement. We review de novo whether an appellant has waived his right to appeal. See United States v. Joyce, 357 F.3d 921, 922 (9th Cir.2004). We dismiss Appeal No. 13-10599 because the waiver covers any appeal of Sanchez-Osuna’s within-Guidelines sentence. We decline to dismiss Sanchez-Osuna’s challenge to his above-Guidelines revocation sentence, however, because it is not unambiguously encompassed by the language of the waiver. See id. at 922-23 .

In Appeal No. 13-10602, Sanchez-Osuna first contends that the district court procedurally…