Gomez-Rendon

MEMORANDUM ***

José Guadalupe Gómez-Rendñ (“Gomez”) appeals the sentence given him pursuant to a Plea Agreement in which he pled guilty to the offense of re-entry after deportation in violation of 8 U.S.C. § 1326 (a), enhanced by § 1326(b)(2). The Gómez Plea Agreement contained a waiver of appeal. Gómez argues that his sentence enhancement should be limited to one count of possession of a controlled substance, an aggravated felony. Gómez contends that the sentence imposed by Judge Rosenblatt is inconsistent with his Plea Agreement and, therefore is invalid.

The Plea Agreement states: “The precise level of offense and number of months sentence imposed will be determined by the court based upon the defendant’s criminal record.” There is no statement in the Plea Agreement to the effect that defendant’s entire criminal record involves nothing more than a single conviction for possession of a controlled substance. Indeed, the PSR explicitly states that he was sentenced on June 12, 1996, for convictions on two counts, transportation of cocaine base for sale and possession of cocaine base for sale. 1 The Abstract of Judgment records that the sentence he received for these convictions…