Hernandez

MEMORANDUM **

Gonzalo Rosario Hernandez appeals his 30-month sentence imposed following a guilty plea to bringing in illegal aliens without presentation, in violation of 8 U.S.C. § 1342 (a)(2)(B)(iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we remand for resentencing.

As an initial matter, we reject the government’s contention that this appeal should be dismissed because Hernandez waived his right to appeal. While Hernandez’s plea agreement does contain an appeal waiver, such a waiver “will not bar an appeal where the defendant’s guilty plea was not taken in compliance with Rule 11 of the Federal Rules of Criminal Procedure.” United States v. Jeronimo, 398 F.3d 1149 , 1153 n. 2 (9th Cir.2005). Here, the district court failed to inform Hernandez of his appellate rights and did not verify his intent to forfeit these rights during the plea colloquy, as required by Fed.R.Crim.P. ll(b)(l)(N). Accordingly, the appeal waiver is invalid. See United States v. Pena, 314 F.3d 1152 , 1154 n. 1 (9th Cir.2003).

Hernandez contends that his sentence is unconstitutional under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), because the fact of his…