United States v. Luis Lafarga-Salazar

MEMORANDUM

Luis Antonio Lafarga-Salazar appeals from the district court’s judgment and challenges the 63-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We dismiss.

Lafarga-Salazar contends that his sentence is substantively unreasonable. The government contends that this appeal should be dismissed based on the appeal waiver contained in the parties’ plea agreement. Lafarga-Salazar argues that the appeal waiver cannot be enforced because the district court violated Federal Rule of Criminal Procedure 11. We review de novo whether a defendant has waived his right to appeal, and for plain error the adequacy of the plea colloquy because Lafarga-Salazar did not raise a Rule 11 objection in the district court. See United States v. Watson, 582 F.3d 974, 981, 987 (9th Cir.2009). The court properly advised Lafarga-Salazar of the appeal waiver at the plea hearing, see Fed.R.Crim.P. 11(b)(1)(N), and Lafarga-Salazar has failed to show a reasonable probability that, but for any alleged Rule 11 errors, he would not have pleaded guilty, see United States v. Dominguez Benitez, 542 U.S. 74, 76 , 124 S.Ct.…