Rodriguez-Martinez

MEMORANDUM **

Giovanni Rodriguez-Martinez appeals from his guilty-plea conviction and 37-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a), as enhanced by 8 U.S.C § 1326(b)(2). We dismiss.

Rodriguez-Martinez contends for the first time on appeal that the waiver of appellate rights contained in his plea agreement was rendered invalid by Rule 11 defects in his change-of-plea hearing. However, he has failed to demonstrate a reasonable probability that he would not have entered a guilty plea but for any alleged Rule 11 violation, and therefore cannot obtain relief on this basis. See United States v. Dominguez Benitez, 542 U.S. 74, 76 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004).

Rodriguez-Martinez also contends that this appeal is not barred because the district court made an ambiguous statement at sentencing suggesting a limited right to appeal on the particular issue of the 12-level sentencing enhancement. However, a district court’s oral statements regarding appellate rights can overcome a written appellate waiver only when the court’s statements are made contemporaneously with the defendant’s plea. See United States v. Lopez-Armenta, 400…