Robles-Ruiz

United States v. Robles-Ruiz

Good Law
31 F. App'x 549
United States Court of Appeals for the Ninth CircuitMarch 19, 2002No. 01-10400; D.C. No. CR-01-00292-JATCalifornia276 words

Opinion

Lead Opinion

MEMORANDUM **

Raul Robles-Ruiz appeals his 33-month sentence imposed after his guilty plea conviction for Illegal Re-Entry after Deportation, in violation of 8 U.S.C. § 1326 .

Robles-Ruiz contends that he is entitled to be resentenced under the amendments to U.S.S.G. § 2L1.2 that took effect while his appeal was pending. Robles-Ruiz contends that this court has jurisdiction to address his appeal since: (1) his guilty plea is invalid under Fed.R.Crim.P. 11 be *550 cause the district court conducted two simultaneous plea hearings; and (2) his plea waiver is invalid because his sentence was not consistent with the terms of his plea agreement.

A review of the record demonstrates that the court conducted a thorough Rule 11 guilty plea colloquy, and that Robles-Ruiz knowingly and voluntarily waived his right to appeal his sentence. See United States v. Johnson, 67 F.3d 200, 201-202 (9th Cir.1995) (enforcing a defendant’s waiver of appeal even in the face of an intervening change of law since (1) the waiver intended to encompass the issue raised; and (2) the waiver was knowingly and voluntary despite change in law). Robles-Ruiz’ Rule 11 contention lacks merit since Rule 11 does not…

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