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]U] United States of America v. Agustin Guadalupe Gonzales-Rodriguez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


February 22, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
AGUSTIN GUADALUPE GONZALES-RODRIGUEZ, DEFENDANT - APPELLANT.

Appeal from the United States District Court for the District of Arizona John M. Roll, Chief District Judge, Presiding D.C. No. 4:09-cr-02593-JMR

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted February 15, 2010 *fn2

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Agustin Guadalupe Gonzales-Rodriguez appeals from the 37-month sentence imposed following his guilty-plea conviction to re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Gonzales-Rodriguez contends that the district court erred when it applied the 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) after finding that his prior conviction for statutory rape was a "crime of violence." The valid and enforceable appeal waiver set forth in the plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We therefore enforce the waiver and dismiss the appeal.

DISMISSED.


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