United States v. Tomas Alvarado , 585 F. App'x 587 ( 2014 )

FILED
NOT FOR PUBLICATION OCT 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30299
Plaintiff - Appellee, D.C. No. 1:13-cr-00026-SEH-2
v.
MEMORANDUM*
TOMAS ALVARADO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted August 18, 2014**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Tomas Alvarado appeals from the district court’s judgment and challenges
the 360-month sentence imposed following his guilty-plea conviction for
conspiracy to possess controlled substances with intent to distribute, in violation of
21 U.S.C. § 846. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.
*
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).
Alvarado’s plea agreement contained waivers of his right to appeal the
sentence that are applicable here. He contends that the appeal waivers are not
enforceable because of statements by the district court at sentencing. The court did
not make an unequivocal or unambiguous statement that Alvarado had the right to
appeal his sentence and did not create a reasonable expectation that Alvarado had a
right to appeal his sentence. Instead, the court told Alvarado that he had waived
his right to appeal, and it informed him of his statutory rights under Federal Rule
of Criminal Procedure 32(j) and of his right to challenge the validity of the appeal
waivers if he believed he had a right to appeal the sentence. Thus, the court’s
statements did not render the appeal waivers unenforceable. See United States v.
Arias-Espinoza, 704 F.3d 616, 617-19 (9th Cir. 2012); United States v. Aguilar-
Muniz, 156 F.3d 974, 977-78 (9th Cir. 1998).
DISMISSED.
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