United States
v.
Santos-Juateco

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITSep 1, 2015
615 Fed. Appx. 438 (9th Cir. 2015)

No. 14-50387

09-01-2015

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALVARO SANTOS-JUATECO, a.k.a. Roberto Arturo Aca-Juateco, Defendant - Appellant.


NOT FOR PUBLICATION

D.C. No. 3:14-cr-00553-GT MEMORANDUM Appeal from the United States District Court for the Southern District of California
Gordon Thompson, Jr., District Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Alvaro Santos-Juateco appeals from the district court's judgment and challenges the 34-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We dismiss.

Santos-Juateco contends that the district court erred by applying a 16-level sentencing enhancement, imposing a term of supervised release, and finding his criminal history not to be over-represented. The government argues that the appeal should be dismissed based on an appeal waiver contained in the plea agreement. We review de novo whether to enforce an appeal waiver. See United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009). Under the terms of the appeal waiver, Santos-Juateco waived any right to appeal his sentence, and we therefore dismiss this appeal. See id. at 986, 988.

DISMISSED.