United States of America, Plaintiff-appellee, v. Lorenzo Aviles Montoya, Defendant-appellant, 48 F.3d 1229 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 48 F.3d 1229 (9th Cir. 1995) Submitted Feb. 21, 1995. *Decided Feb. 27, 1995

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).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3