United States v. Jesus Raul-Cruz

MEMORANDUM

In these related appeals, Jesus Raul-Cruz and Victor Copado appeal from the respective 87-month and 100-month sentences imposed following their guilty-plea convictions for conspiracy to distribute cocaine and marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 . In No. 11-30002, we dismiss in light of a valid appeal waiver. In No. 11-30037, we affirm.

In No. 11-30002, Raul-Cruz’s valid appeal waiver bars this appeal challenging the district court’s imposition of a sentencing enhancement for possession of a firearm. See United States v. Joyce, 357 F.3d 921, 922 (9th Cir.2004). We decline to consider Raul-Cruz’s contention, raised for the first time in his reply brief, that he is entitled to an exception to the waiver. See United States v. Rearden, 349 F.3d 608 , 614 n. 2 (9th Cir.2003).

In No. 11-30037, Copado contends that the district court erred by imposing a two-level enhancement under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm. This contention fails because the district court adequately found that the possession of firearms by co-conspirators was reasonably foreseeable to Copado, see United States v.…