United States v. Jose Luis Chua-Gamez, AKA Jose Luis Chua-Gomez

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis CHUA-GAMEZ, aka Jose Luis Chua-Gomez, Defendant-Appellant. No. 94-10315. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Appeal from the United States District Court for the Eastern District of California, No. CR-93-00407-EJG; Edward J. Garcia, District Judge, Presiding. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Chua-Gamez appeals his 24-month sentence, to run concurrent with the remainder of an undischarged state sentence, imposed following a guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. Sec. 1326 . The government argues Chua-Gamez's appeal is precluded because he expressly waived the right to appeal the sentence as a condition of a written plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we dismiss the appeal.…