Aguilar-Godinez

United States v. Aguilar-Godinez

Good Law
597 F. App'x 427
United States Court of Appeals for the Ninth CircuitMarch 13, 201513-10519California232 words

Opinion

Opinion

MEMORANDUM

Manuel Aguilar-Godinez pled guilty to one count of conspiracy to possess a chemical to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(c)(2). The district court applied two sentencing enhancements that Aguilar-Godinez now challenges on appeal.

We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss the appeal. As part of his plea agreement, Aguilar-Godinez waived the “right to appeal any aspect of the sentence imposed in this case.” Aguilar-Godinez entered into the plea deal knowingly and voluntarily and stated that he understood the terms. United States v. Joyce, 357 F.3d 921, 922 (9th Cir.2004) (“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.”).

Aguilar-Godinez argues that the sentencing enhancements nevertheless must be vacated, because the district court violated Fed.R.Crim.P. 11(b)(1) by failing to address the defendant personally regarding the plea terms. Applying plain-error review, we disagree. See United States v. Ma, 290 F.3d 1002, 1005 (9th Cir.2002). The district court asked the…

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