United States v. Magdaleno Cervantes

MEMORANDUM

Co-defendants Magdaleno Cervantes and Raul Serrano appeal the district court’s denial of their motions to suppress evidence of methamphetamine. Cervantes also argues that his appeal waiver is unenforceable, and that his sentence was procedurally and substantively flawed. Serrano argues that the district court erred in concluding that he lacked standing to challenge the search of the building where methamphetamine was initially found.

I

Cervantes’ appeal waiver is enforceable because “(1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver [was] knowingly and voluntarily made.” United States v. Rahman, 642 F.3d 1257, 1259 (9th Cir.2011) (quoting United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir.2005)).

Cervantes was provided with a court-certified Spanish-speaking interpreter at both his change of plea and sentencing hearings. At his change of plea hearing, Cervantes’ bilingual attorney said that he had translated the plea agreement into Spanish for Cervantes, and Cervantes acknowledged that the plea agreement was interpreted or translated into Spanish for him. The court also explained the appeal waiver to…