United States v. Santiago Aguilar-Balbuena

MEMORANDUM

Santiago Aguilar-Balbuena (“Aguilar-Balbuena”) appeals from the 30-month sentence imposed following his guilty-plea conviction to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the sentence and remand for re-sentencing on an open record.

“We have stated that ‘[a] defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.’ ” United States v. Charles, 581 F.3d 927, 931 (9th Cir.2009) (alteration in original) (quoting United States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir.2005), overruled on other grounds by United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc)). Here, Aguilar-Balbuena’s plea agreement contained six separate sentencing ranges that could be applied to him depending on his criminal history. Specifically, the first sentencing range states that “[u]nder the sentencing guidelines, as set forth in U.S.S.G. § 2L1.2(a) and (b)(1)(A), if the defendant has a prior felony conviction for ... a crime of violence ... then…