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U.S. v. JACOBO CASTILLO

No. 05-30401.

496 F.3d 947 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Domingo JACOBO CASTILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2007.

Attorney(s) appearing for the Case

David M. Porter, Federal Public Defenders, Sacramento, CA, Dawn M. Reynolds, Law Offices of Dawn M. Reynolds, Dallas, OR, for the defendant-appellant.

Jill Bolton, Office of the United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, STEPHEN REINHARDT, PAMELA ANN RYMER, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, JAY S. BYBEE, CONSUELO M. CALLAHAN, and MILAN D. SMITH, JR., Circuit Judges.

Opinion by Judge BYBEE; Dissent by Judge CALLAHAN.

BYBEE, Circuit Judge:

We granted en banc review in this case to resolve a question to which we have given inconsistent answers: Do we have jurisdiction to hear an appeal when the defendant entered a guilty plea in which he waived his right to appeal? Domingo Jacobo Castillo pled guilty to one count of being an illegal alien in possession of a firearm in violation of 18 U.S.C. § 922(g)(5). Notwithstanding...

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