U.S. v. PACHECO-NAVARETTE

Nos. 04-10396, 04-10442.

432 F.3d 967 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael PACHECO-NAVARETTE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Victor Alfonso Gomez-Vera, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2005.


Attorney(s) appearing for the Case

Michael D. Gordon, Federal Public Defender's Office, Phoenix, AZ, for defendant-appellant Rafael Pacheco-Navarette and Atmore L. Baggot, Apache Junction, AZ, for defendant-appellant Victor Alfonso Gomez-Vera.

Michael Allen Lee, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.


D.W. NELSON, Senior Circuit Judge.

Rafael Pacheco-Navarette ("Pacheco") and Victor Gomez-Vera ("Gomez") appeal their convictions and sentences following each appellant's guilty plea to being an alien in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(5) and 924(a)(2). Principally, appellants argue that their appeal waivers are invalid. We must also consider whether to remand in light of Booker and Ameline. We dismiss the appeals...

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