USA v. Jorge Aguilar-Vallejo, No. 09-10518 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 28 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10518 D.C. No. 5:08-cr-00870-JW v. MEMORANDUM * JORGE AGUILAR-VALLEJO, Defendant - Appellant. 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. * 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). 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. 2 09-10518

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