United States v. Luis Villegas-Lugo

MEMORANDUM

Defendant Luis Enrique Villegas-Lugo appeals from the district court’s judgment and challenges his guilty-plea conviction and 210-month sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(A)(viii). Because De fendant waived his right to appeal his conviction and sentence, we dismiss the appeal.

Defendant contends that the waiver is unenforceable because the district court failed to provide the advisements required by Federal Rule of Criminal Procedure 11 and Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). He argues that the district court erred by failing to inform him, during the plea colloquy, that the government bore the burden of proving drug quantity beyond a reasonable doubt. Because Defendant did not object to the adequacy of the plea colloquy before the district court, we review for plain error. See United States v. Watson, 582 F.3d 974, 987 (9th Cir. 2009) (enforcing an appellate waiver because there was no plain error in the district court’s Rule 11 plea colloquy).

Defendant did not challenge the drug quantity or drug type alleged in the…