Castillo

United States v. Castillo

Good Law
243 F. App'x 309
United States Court of Appeals for the Ninth CircuitAugust 14, 2007No. 05-30401California376 words

Opinion

Lead Opinion

MEMORANDUM *

The facts and procedural posture are known to the parties, and we do not repeat them here. Jacobo Castillo appeals the district court’s denial of his motion to suppress evidence of a pistol seized during a search of his residence. He argues that the police lacked probable cause to search his house although he stipulated to that fact in his plea agreement. We review de novo whether a defendant has waived his statutory right to appeal by entering into a plea agreement. United States v. Shimoda, 3 34 F.3d 846 , 848 (9th Cir.2003); United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

We reject Jacobo Castillo’s argument and affirm the district court. Jacobo Castillo stipulated to the factual basis supporting the warrant and explicitly stated in his plea agreement that, “[¡Included in the warrant was probable cause to search for firearms and evidence relating to the Prosser robbery and homicide [which were under investigation].” Additionally, Jacobo Castillo testified under oath at trial that the statement of facts in the plea agreement was correct and accurate. “[W]e have repeatedly held that criminal defendants are bound by the admissions of fact made by their…

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