Manzo-Pulido

United States v. Manzo-Pulido

Good Law
258 F. App'x 120
United States Court of Appeals for the Ninth CircuitDecember 5, 2007No. 06-10703California457 words

Opinion

Lead Opinion

MEMORANDUM **

Gerardo Manzo-Pulido appeals both his conviction pursuant to an unconditional guilty plea and his sentence. We affirm. Because the parties are familiar with the factual and procedural history, we will not recount it here.

Manzo-Pulido argues that the government violated his due process rights by failing to have a “qualified Spanish speaker” or “competent interpreter” translate his initial interview with law enforcement agents. “[I]t is well-settled that an unconditional guilty plea constitutes a waiver of the right to appeal all non-jurisdictional antecedent rulings and cures all antecedent constitutional defects.” United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005). As ManzoPulido’s due process claim challenges an alleged deprivation of a constitutional right that occurred prior to the entry of his unconditional guilty plea, he has waived his right to appeal this issue.

Second, Manzo-Pulido appeals the district court’s decision to increase his offense level by two points for the “possession of a firearm” under U.S. Sentencing Guidelines Manual (“USSG”) § 2Dl.l(b)(l), when Manzo-Pulido admitted only to possessing an unloaded BB gun. However, §…

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