United States v. Luis Hernandez-Gonzalez

MEMORANDUM

Luis Eduardo Hernandez-Gonzalez appeals from the 57-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1826 . We dismiss.

Hernandez-Gonzalez contends that the district court’s failure to sentence him to a term comparable to the term that he would have received had he accepted the government’s fast-track plea offer resulted in an unwarranted sentencing disparity that rendered his sentence unreasonable. Although he concedes that he waived his right to appeal, he contends that the appeal waiver is unenforceable, as the government impermissibly conditioned the award of a third point under U.S.S.G. § 3E1.1(b) on his accession to the waiver. Hernandez-Gonzalez acknowledges that we held in United States v. Johnson, 581 F.3d 994 (9th Cir.2009), that the government may condition the award of a third point under U.S.S.G. § 3E1.1(b) on the defendant’s waiver of the right to appeal, but he argues that Johnson was wrongly decided. We are bound by our precedent, see United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir.2009), and dismiss the appeal in light of the valid appeal waiver, see United States v.…