Ayala

United States v. Ayala

Good Law
316 F. App'x 636
United States Court of Appeals for the Ninth CircuitMarch 5, 2009No. 07-50444California313 words

Opinion

Lead Opinion

MEMORANDUM **

Darin Luis Ayala appeals from the district court’s denial of his motion to suppress evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ayala contends that the district court erred when it denied his motion to suppress certain evidence. However, when Ayala entered an unconditional guilty plea, he waived the right to appeal the denial of his suppression motion. See Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973); United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005). We therefore do not address the merits of Ayala’s suppression claim. See Lopez-Armenta, 400 F.3d at *637 1175 ; see also United States v. Cortez, 973 F.2d 764, 766-69 (9th Cir.1992).

We also reject Ayala’s contention that he did not knowingly waive his right to appeal the denial of his motion to suppress and that the waiver is not enforceable. See Cortez, 973 F.2d at 768-69 ; see also United States v. Jacobo Castillo, 496 F.3d 947, 954 (9th Cir.2007) (en banc) (reaffirming that preclusive effect of an appeal waiver may turn on whether appellant entered into an intelligent and knowing unconditional plea); Lopez-Armenta, 400 F.3d at…

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