United States v. Joel Martinez-Perez

MEMORANDUM

Joel Martinez-Perez appeals from the district court’s judgment and challenges his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 , and the revocation of his term of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Martinez-Perez’s motion to expand his notice of appeal is granted. Martinez-Perez’s pro se notice of appeal identified both judgments from which he was appealing. Although he indicated that he was appealing only his sentences, we consider his challenges to his conviction and revocation because the government has fully briefed those issues. See. United States v. Littlefield, 105 F.3d 527, 528 (9th Cir. 1997).

Martinez-Perez contends that the district court erred by denying his counsel’s pre-plea motion to withdraw. He waived his right to appeal this issue in his illegal reentry case when he entered his unconditional guilty plea. See United States v. Foreman, 329 F.3d 1037, 1038-39 (9th Cir. 2003), abrogated on other grounds by United States v. Jacobo Castillo, 496 F.3d 947, 949 (9th Cir. 2007) (en banc). Martinez-Perez argues that we may consider this issue in his supervised release case…