United States v. Canel-Ruby

U.S. Courts of Appeals

Decided September 19, 2005

U.S. Courts of Appeals · decided 2005-09-19

Applies 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on United States v. Booker · United States v. Nguyen · United States v. Cardenas

Decided 2005-09-19

¶1MEMORANDUM …

¶2Emilio Canel-Ruby appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a).

¶3We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2004), did not render waiver of appeal involuntary and unknowing).

¶4DISMISSED.

¶5 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.