United States v. Lino Mendez-Gonzalez

Defendant Lino Mendez-Gonzalez pleaded guilty to a drug-related offense and received a sentence that includes supervised release. He appeals only the court’s requirement that he submit to periodic drug testing during his supervised release. The government argues that, as part of his plea agreement, Defendant waived the right to appeal any part of his sentence, including the drug-testing condition. Defendant argues that the waiver does not apply or is unenforceable. We dismiss the appeal because Defendant’s appellate waiver is enforceable and it applies here.

Defendant was indicted for conspiracy to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. He initially pleaded not guilty, but later agreed to plead guilty at a change of plea hearing at which he was assisted by an interpreter. Defendant signed a written plea agreement in which he waived certain rights to appeal his sentence, as follows:

After explaining the content of the agreement to Defendant and finding the plea to have been entered “freely, voluntarily, and intelligently,” a magistrate judge accepted the plea agreement.

At sentencing, also conducted with the assistance…