United States v. Jose Hernandez-Lopez

MEMORANDUM

Defendant Jose Trinidad Hernandez-Lopez appeals from the 37-month sentence imposed following his guilty plea to illegal re-entry after deportation in violation of 8 U.S.C. § 1326 . Specifically, Hernandez-Lopez challenges the district court’s determination that he had previously been convicted of a “crime of violence” that justified a sentencing enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii). Because we conclude that Hernandez-Lopez waived his right to appeal this issue, we decline to reach it and dismiss the appeal.

On April 25, 2013, Hernandez-Lopez pleaded guilty pursuant to a “fast track” plea agreement. The agreement listed 24 possible Guidelines ranges that could apply to Hernandez-Lopez depending on what the district court calculated his offense level and criminal history category to be, and it explained that the district court would make the ultimate decision regarding what sentence to impose as the Guidelines are only advisory. The agreement also included a provision under which Hernandez-Lopez agreed to relinquish, among other things, his right to appeal “any aspect of [his] sentence — including the manner in which the sentence is determined and any…