United States of America, Plaintiff-appellee, v. Jose Guadalupe Jauregui-guzman, Defendant-appellant, 131 F.3d 149 (9th Cir. 1997)Annotate this Case
Submitted Nov. 17, 1997. **Decided Nov. 21, 1997
Appeal from the United States District Court for the Southern District of California Judith N. Keep, Chief Judge, Presiding.
Before HUG, Chief Judge, PREGERSON and BEEZER, Circuit Judges.
Jose Guadalupe Jauregui-Guzman appeals his sentence imposed following his guilty plea to conspiracy to distribute marijuana. We dismiss the appeal because Jauregui-Guzman expressly waived the right to appeal in his plea agreement.
A waiver of the right to appeal is valid if it is both knowing and voluntary. See United States v. DeSantiago-Martinez, 38 F.3d 394, 395 (9th Cir. 1992). The record demonstrates that Jauregui-Guzman entered into the waiver knowingly and voluntarily. His counsel's failure to appear at the presentence interview does not call into question the validity of the waiver. See United States v. Benlian, 63 F.3d 824, 827-28 (9th Cir. 1995); United States v. Pruitt, 32 F.3d 431, 433 (9th Cir. 1994).