USA v. John Guevara, No. 16-3153 (7th Cir. 2017)

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued March 1, 2017 Decided March 9, 2017 Before RICHARD A. POSNER, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 16 3153 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOHN ANTHONY GUEVARA, Defendant Appellant. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:14 cr 192 RLY MJD 01 Richard L. Young, Judge. O R D E R John Guevara pleaded guilty to possessing methamphetamine, 21 U.S.C. § 841(a), and possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c). Guevara then filed an appeal, taking issue with the district court’s imposition of a two level enhancement to his guidelines range for maintaining “a premises for the purpose of manufacturing or distributing a controlled substance.” U.S.S.G. § 2D1.1(b)(12). But as the government points out, Guevara’s plea agreement contains a broad appellate waiver clause promising that he will not “appeal the sentence imposed in this case on any ground.” Guevara has not challenged the applicability of this waiver; in fact, his counsel admitted at oral argument that there is no ground for invalidating the guilty pleas. See United States v. Smith, 759 F.3d 702, 706 (7th Cir. 2014); United States No. 16 3153 Page 2 v. Knox, 287 F.3d 667, 671–72 (7th Cir. 2002). And since the appeal waiver in the plea agreement stands or falls with the guilty plea, the waiver binds Guevara, and his appeal must be dismissed. See United States v. Wilson, 481 F.3d 475, 483 (7th Cir. 2007); United States v. Hare, 269 F.3d 859, 860–61 (7th Cir. 2001). The appeal is DISMISSED.

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