United States v. Leandro Regalado

MEMORANDUM

Leandro Felipe Regalado appeals from the district court’s judgment and challenges his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960, We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss.

Regalado contends that the district court erred by not sua sponte offering him an opportunity to withdraw his guilty plea after the parties discovered that the pre-plea criminal history report had mistakenly concluded that he was not a career offender. The government responds that the appeal waiver in Regalado’s plea agreement bars this appeal. Reviewing de novo, see United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009), we conclude that the waiver is enforceable.

Regalado, first contends that the waiver is unenforceable because the parties’ mutual mistake of fact rendered his plea involuntary. The written plea agreement expressly stated that Regalado could be found to be a career offender and explained the effect that would have on the calculation of his Guidelines range. Additionally, at the change of plea hearing, the district court informed Regalado that the Guidelines calculation could be different from counsel’s…