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U.S. v. ARIAS-ESPINOSA

No. 11-10663.

704 F.3d 616 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo ARIAS-ESPINOSA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2012.

Attorney(s) appearing for the Case

Randolfo V. López (argued), Randolfo V. López, PC, Tucson, AZ, for Defendant-Appellant.

Ann Birmingham Scheel , Acting United States Attorney for the District of Arizona; Christina M. Cabanillas , Assistant United States Attorney, Chief, Appellate Division; and Robert L. Miskell (argued), Assistant United States Attorney, Office of the United States Attorney, Tucson, AZ, for Plaintiff-Appellee.

Before: RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and KEVIN T. DUFFY, District Judge.

OPINION

GOULD, Circuit Judge:

Eduardo Arias-Espinosa appeals his 51-month sentence for illegal re-entry into the United States in violation of 8 U.S.C. § 1326, as enhanced by § 1326(b)(2). The government contends that Arias-Espinosa waived his right to appeal in his written plea agreement. We agree and dismiss this appeal.

I

Arias-Espinosa pleaded guilty to illegal re-entry into the United States and signed a written plea agreement...

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