United States v. Salvador Arredondo-Pillado

MEMORANDUM

Salvador Arredondo-Pillado appeals his conviction and sentence, and moves to withdraw his guilty plea. We affirm.

Arredondo-Pillado pleaded guilty to one count of conspiracy to distribute methamphetamine pursuant to a plea agreement with the Government containing a waiver of appeal rights that he concedes bars this appeal if valid. Arredondo-Pillado challenges his waiver of appeal rights solely on the ground that it was not knowing or voluntary because the Government failed to disclose, prior to the execution of his plea agreement, evidence which he contends the Government was obliged to turn over pursuant to Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny.

Arredondo-Pillado’s Brady argument fails because, as he concedes, the evidence he identifies is neither exculpatory nor material impeachment evidence, and hence is not Brady material. United States v. Stinson, 647 F.3d 1196, 1208 (9th Cir.2011).

Because no Brady violation occurred, and because Arredondo-Pillado raises no other argument challenging the voluntariness of his appeal waiver, we enforce it and affirm. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007)…