United States of America, Plaintiff-appellee, v. Lorenzo Aviles Montoya, Defendant-appellant, 48 F.3d 1229 (9th Cir. 1995)Annotate this Case
Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges.
Lorenzo Aviles Montoya appeals his conviction by guilty plea to carjacking with serious bodily injury and aiding and abetting, in violation of 18 U.S.C. §§ 2119 and 2. Montoya contends that the district court erred in denying his motion to dismiss the indictment based on the unconstitutionality of Sec. 2119. Because Montoya entered his plea agreement pursuant to Fed. R. Crim. P. 11 without reserving in writing his right to appeal the denial of his motion to dismiss, we lack jurisdiction over this appeal. See United States v. Echegoyen, 799 F.2d 1271, 1275-76 (9th Cir. 1986).