United States v. Alfonso Contreras-Leon
UNITED STATES of America, Plaintiff-Appellee, v. Alfonso CONTRERAS-LEON, Defendant-Appellant
- Area
- other
- Panel
- Mary M. Schroeder (author), Jay S. Bybee, Battaglia
Analysis
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Opinion
FILED NOT FOR PUBLICATION OCT 01 2013
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10482 Plaintiff - Appellee, D.C. No. 5:10-cr-00149-EJD-1 v. MEMORANDUM* ALFONSO CONTRERAS-LEON, Defendant - Appellant.
Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding Argued and Submitted September 9, 2013 San Francisco, California Before: SCHROEDER and BYBEE, Circuit Judges, and BATTAGLIA, District Judge.** Alfonso Contreras-Leon appeals his conviction, after a guilty plea, of illegal reentry in violation of 8 U.S.C. § 1326. He seeks to challenge the validity of his 1998 removal. Because he entered an unconditional guilty plea, he waived his * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Anthony J. Battaglia, United States District Judge for the Southern District of California, sitting by designation. right to appeal. See Fed. R. Crim. P. 11(a)(2). Even if there were some ambiguity in connection with the waiver, however, his appeal would lack merit. The subsequent removal in 2001 was also charged in the indictment and constituted an independent basis for his conviction.
The appeal is DISMISSED.