United States of America, Plaintiff-appellee, v. Rigoberto Valdez-paredes, Defendant-appellant, 119 F.3d 8 (9th Cir. 1997)Annotate this Case
Appeal from the United States District Court for the District of Arizona, No. CR-96-06741-WDB; William D. Browning, District Judge.
Before: HUG, Chief Judge, KOZINSKI, and LEAVY, Circuit Judges.
Rigoberto Valdez-Paredes appeals his sentence imposed after his conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326. Valdez-Paredes contends that the district court erred by refusing to depart downward more that four levels on the basis that Valdez-Paredes conceded deportability in the plea agreement.
We lack jurisdiction over this appeal because in the plea agreement Valdez-Paredes expressly waived his right to appeal any aspect of the conviction or sentence. Valdez-Paredes has not offered anything to suggest that the express waiver was not made knowingly and voluntarily. See United States v. Bolinger, 940 F.2d 480, 480 (9th Cir. 1991).