Reyes-Quijada
United States v. Reyes-Quijada
Opinion
Lead Opinion
MEMORANDUM
Leandro Reyes-Quijada appeals his conviction by guilty plea and 46-month sentence for one count of illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b)(2).
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Reyes-Quijada has filed a brief stating that there are no arguable issues for review, and a motion to withdraw as counsel of record.
Counsel has identified and correctly rejected as potential issues for appeal the denial of downward departures based on (1) cultural assimilation; (2) “lesser harm” under U.S.S.G. § 5K2.11, p.s.; and (3) harsher treatment of aliens by the Bureau of Prisons. These bases for downward departure were not raised in the district court, and are therefore waived. United States v. Belden, 957 F.2d 671, 674-75 (9th Cir.1992).
Reyes-Quijada has filed a supplemental brief correctly pointing out factual errors in counsel’s brief, and raising several objections to the length of his sentence. The government responds that defendant waived his right to appeal.
The waiver of the right to appeal is dispositive unless the plea was not know *626 ing and voluntary. United…