United States v. Alvaro Santos-Juateco , 615 F. App'x 438 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 01 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50387
Plaintiff - Appellee, D.C. No. 3:14-cr-00553-GT
v.
MEMORANDUM*
ALVARO SANTOS-JUATECO, a.k.a.
Roberto Arturo Aca-Juateco,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, Jr., District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Alvaro Santos-Juateco appeals from the district court’s judgment and
challenges the 34-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
being a removed alien found in the United States, in violation of 8 U.S.C. § 1326.
We dismiss.
Santos-Juateco contends that the district court erred by applying a 16-level
sentencing enhancement, imposing a term of supervised release, and finding his
criminal history not to be over-represented. The government argues that the appeal
should be dismissed based on an appeal waiver contained in the plea agreement.
We review de novo whether to enforce an appeal waiver. See United States v.
Watson, 582 F.3d 974, 981 (9th Cir. 2009). Under the terms of the appeal waiver,
Santos-Juateco waived any right to appeal his sentence, and we therefore dismiss
this appeal. See id. at 986, 988.
DISMISSED.
2 14-50387