United States v. Eli Sarceno-Barrios

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eli SARCENO-BARRIOS, Defendant-Appellant. No. 93-50129. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Submission Vacated Jan. 11, 1994. Resubmitted May 20, 1994. Decided May 24, 1994. Before: BROWNING, BEEZER, and TROTT, Circuit Judges. 1 MEMORANDUM * I. 2 Given the language of the waiver and the district court's colloquy with Sarceno, the waiver is properly interpreted as barring "any right to appeal" his sentence, including any right to appeal under section 3742(a). See United States v. De La Fuente, 8 F.3d 1333, 1337 (9th Cir.1993) ("In construing [a plea] agreement, the court must determine what the defendant reasonably understood to be the terms of the agreement when he pleaded guilty.") (footnotes omitted). II. 3 In attacking the waiver in this court, Sarceno asserts for the first time that the government breached or…