United States v. Miguel Martinez-Alejandrez

MEMORANDUM

Miguel Martinez-Alejandrez appeals from his guilty-plea conviction and 30-month sentence imposed for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We dismiss in light of the valid appeal waiver, but we remand to the district court to correct the judgment.

Martinez-Alejandrez contends that his trial counsel provided ineffective assistance by failing to pursue a statute of limitation defense or to contest the 16-level enhancement. He further contends that the appeal waiver in his plea agreement does not bar these claims because the waiver was not knowingly and voluntarily made.

Although the appeal waiver allows Martinez-Alejandrez to raise an ineffective assistance of counsel claim in a 28 U.S.C. § 2255 motion, it expressly bars the instant appeal. See United States v. Nunez, 223 F.3d 956, 959 (9th Cir.2000) (waiver of right to appeal conviction or sentence applies to ineffective assistance of counsel claims, though such claims may be raised in a collateral proceedings). Furthermore, the record reflects that Martinez-Alejan-drez’s waiver was knowingly and voluntarily made. To the…