United States of America v. Jorge Aguilar-Vallejo

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JORGE AGUILAR-VALLEJO,
Defendant - Appellant.
No. 09-10518
D.C. No. 5:08-cr-00870-JW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Ware, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Jorge Aguilar-Vallejo appeals from the district court’s denial of his motion
to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291, and
we dismiss.
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10518 2
Aguilar-Vallejo contends that the district court erred when it denied his
motion to dismiss the indictment. When Aguilar-Vallejo entered an unconditional
guilty plea, however, he waived the right to appeal the denial of his motion to
dismiss. See Tollett v. Henderson, 411 U.S. 258, 267 (1973). We therefore do not
address the merits of Aguilar-Vallejo’s motion to dismiss. See United States v.
Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir. 2005).
DISMISSED.

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