United States of America v. Juan Alberto Salmeron-Ozuna, a.k.a. Juan Salmeron-Ozuna

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN ALBERTO SALMERON-OZUNA,
a.k.a. Juan Salmeron-Ozuna,
Defendant - Appellant.
No. 13-10366
D.C. No. 4:11-cr-02983-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Juan Alberto Salmeron-Ozuna appeals from the district court’s judgment and
challenges the 57-month sentence imposed upon remand following his guilty-plea
conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We
FILED
MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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dismiss.
Salmeron-Ozuna contends that the district court committed procedural and
substantive sentencing errors. The government contends that this appeal should be
dismissed based on an appeal waiver. Salmeron-Ozuna argues that the appeal
waiver cannot be enforced because the waiver is vague and his sentence is not
consistent with 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).
We are unpersuaded that the appeal waiver is ambiguous in light of the clarifying
colloquy at the change of plea hearing. Furthermore, Salmeron-Ozuna’s sentence
is consistent with the plea agreement because his predicate conviction for
threatening a federal officer “has as an element the . . . threatened use of physical
force against the person of another.” U.S.S.G. § 2L1.2(b)(1)(A)(ii), cmt.
n.1(B)(iii). Accordingly, we dismiss this appeal in light of the valid appeal waiver.
See Watson, 582 F.3d at 988.
DISMISSED.
13-10366 2

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