United States v. Mario Basulto

MEMORANDUM

Defendant Mario Basulto appeals the 151-month sentence imposed following his guilty plea pursuant to a plea agreement to one count of RICO conspiracy in violation of 18 U.S.C. § 1962 (d). He argues that the district court committed procedural error and improperly applied the career-offender enhancement, U.S.S.G. § 4B1.1, because RICO conspiracy is not a categorical controlled substance offense. In light of the valid appeal waiver, we dismiss.

Basulto agrees that he waived his right to bring this appeal as part of his guilty plea if his sentence was 188 months or less. The plea agreement included a waiver of “the right to appeal all of the following: (a) the procedures and calculations used to determine and impose any portion of the sentence; [and] (b) the term of imprisonment imposed by the Court.” Ba-sulto indicated at the change-of-plea hearing that he was aware that he was waiving his right to appeal.

Despite having received a sentence of 151 months, Basulto argues that the appeal waiver is unenforceable because the district court revived the right to bring this appeal by stating at the end of the sentencing hearing, after being prompted by defense counsel and…