United States of America v. Juan Daniel Rojas-Perez

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).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN DANIEL ROJAS-PEREZ,
Defendant - Appellant.
No. 09-10141
D.C. No. 2:07-CR-01388-FJM
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Juan Daniel Rojas-Perez appeals from the 46-month sentence imposed
following his guilty-plea conviction for conspiracy to harbor illegal aliens, in
violation of 8 U.S.C. § 1324(a)(1)(A)(iii), (a)(1)(A)(v)(I); and re-entry after
FILED
MAR 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 09-10141 2
deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to
28 U.S.C. § 1291, and we affirm.
Rojas-Perez contends that the appeal waiver in his plea agreement does not
preclude this appeal because his sentence is not consistent with his plea agreement.
Because the record belies this contention, we enforce the valid appeal waiver. See
United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007); see also United States v.
Schuman, 127 F.3d 815, 817 (9th Cir. 1997) (per curiam).
AFFIRMED.

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