United States v. Rafael Pacheco-Navarette, United States of America v. Victor Alfonso Gomez-Vera

Rafael Pacheco-Navarette (“Pacheco”) and Victor Gomez-Vera (“Gomez”) appeal their convictions and sentences following each appellant’s guilty plea to being an alien in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(5) and 924(a)(2). Principally, appellants argue that their appeal waivers are invalid. We must also consider whether to remand in light of Booker and Ameline. We dismiss the appeals for lack of jurisdiction.

FACTUAL BACKGROUND

Pacheco and Gomez pled guilty to violations of 18 U.S.C. §§ 922 (g)(5) and 924(a)(2) because of their possession of firearms to perpetrate various crimes related to trafficking illegal aliens from Mexico to Arizona between August and September 2003.

Appellants entered pleas of guilty pursuant to virtually identical plea agreements that stipulated sentences of 120 months, the statutory maximum. They also stipulated to the upward departures required to reach the negotiated sentence under the United States Sentencing Guidelines (“Guide-lines”), and waived “any right to raise on appeal or collaterally attack any matter pertaining to this prosecution and sentence.” In return for appellants’ pleas, the government agreed to dismiss…