Diaz

MEMORANDUM *

Xavier Diaz appeals the denial of his suppression motion and the district court’s refusal to grant downward sentencing departures for sentencing entrapment and low drug purity. Enrique Garcia appeals the district court’s refusal to grant a downward sentencing departure for rehabilitative efforts. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and we affirm. Because the parties are familiar with the facts, we will not detail them here except as necessary.

“As a general rule, a guilty plea erases claims of constitutional violation arising before the plea.” United States v. Montilla, 870 F.2d 549, 552 (9th Cir.1989). Unless Diaz can demonstrate (1) his plea was conditional and explicitly preserved the right to appeal the suppression motion, (2) his plea was not voluntary and intelligent, or (3) an exception to the general rule of waiver of pre-plea violations applies, he is barred from challenging the denial of his suppression motion.

There is no basis for concluding that the colloquy between Diaz and the judge was defective in any way, or that Diaz’s plea was not voluntary and intelligent. While the judge did not specifically advise…