United States of America v. Jose Escobar-Gamez

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NOT FOR PUBLICATION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.
JOSE ESCOBAR-GAMEZ,
Defendant - Appellant.
No. 10-50367
D.C. No. 3:09-cr-01330-JLS-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Jose Escobar-Gamez appeals from his conviction and sentence for reentry of
removed alien under 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742, and we dismiss the appeal.
FILED
DEC 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
We review de novo whether an appellant has waived his right to appeal.
United States v. Smith, 389 F.3d 944, 953 (9th Cir. 2004) (per curiam). The terms
of the appeal waiver in Escobar-Gamez’s plea agreement clearly encompass this
appeal from his conviction and his sentence to the low end of the Sentencing
Guidelines range. See id. The record also plainly shows that the waiver was
knowing and voluntary. See id. We therefore dismiss this appeal. See id.
We decline to address Escobar-Gamez’s claim of ineffective assistance of
counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th
Cir. 2003).
DISMISSED.

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