Rodriguez-Cruz

United States v. Rodriguez-Cruz

Good Law
44 F. App'x 814
United States Court of Appeals for the Ninth CircuitAugust 16, 2002No. 99-10418; DC No. CR-99-00269-SMMCalifornia665 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Rodriguez-Cruz appeals his conviction and 51-month sentence imposed *815 following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

The first issue raised is whether Rodriguez-Cruz’s conviction should be reversed because the information filed in his case fails to allege the essential elements of the offense of illegal reentry. In his plea agreement with the government, however, Rodriguez-Cruz waived his right to appeal his conviction and sentence. Because, as the United States Supreme Court has recently decided, the deficiencies in the information do not amount to a jurisdictional defect, see United States v. Cotton, — U.S. -, -, 122 S.Ct. 1781, 1785 , 152 L.Ed.2d 860 (2002), we conclude that Rodriguez-Cruz has waived his right to appeal on this ground. Cf. United States v. Ruelas, 106 F.3d 1416, 1418 (9th Cir.1997) (stating that waiver of right to appeal does not prevent review of jurisdictional defects).

The next issue is whether Rodriguez-Cruz’s conviction should be reversed because the district court failed to develop an adequate…

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