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United States Court of Appeals, Ninth CircuitJun 8, 2011
436 Fed. Appx. 794 (9th Cir. 2011)

Cases citing this case

How cited

  • United States v. Guntipally

    …Defendant's "appeal waiver bars [the Ninth Circuit's] review of [any] argument that the district court failed…

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Summaries written by judges


  • dismissing an appeal challenging a district court's alleged violation of Rule 32(i)(4)(ii) "in light of the valid appeal waiver"

    Summary of this case from United States v. Guntipally

No. 10-50139.

Submitted May 24, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

June 8, 2011.

Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding D.C. No. 2:09-cr-01143-SJO.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.


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

Benito Tinoco appeals from the 37-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Tinoco contends that the district court violated Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) by denying him his right of allocution. Tinoco waived his right to appeal this issue and has failed to show that the waiver is invalid. Accordingly, we dismiss in light of the valid appeal waiver. See United States v. Joyce, 357 F.3d 921, 924 (9th Cir. 2004).


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