United States v. Martin Garcia-Esparza, (True Name Salvador Camacho)

Good Law
15 F.3d 1091·1994 WL 19996·1994 U.S. App. LEXIS 6363
United States Court of Appeals for the Ninth CircuitJanuary 25, 199493-50388California416 words

Opinion

Opinion

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Martin GARCIA-ESPARZA, (true name Salvador Camacho), Defendant-Appellant. No. 93-50388. United States Court of Appeals, Ninth Circuit. Submitted Jan. 18, 1994. * Decided Jan. 25, 1994. Before: REINHARDT, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Martin Garcia-Esparza appeals his 24-month sentence imposed after a guilty plea to reentry following deportation in violation of 8 U.S.C. Sec. 1326 (a). Garcia-Esparza contends the district court erred by enhancing his base offense level by four levels under U.S.S.G. Sec. 2L1.1(b)(1). Garcia-Esparza's negotiated plea agreement expressly waived his right to appeal the sentence pursuant to 18 U.S.C. Sec. 3742 . Garcia-Esparza argues that the district court did not accept that part of the plea agreement. We disagree. 3 This court reviews de novo whether the appellant waived his statutory right to appeal.…

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