USA v. Agustin Gonzales-Rodriguez, No. 10-10233 (9th Cir. 2011)

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FILED FEB 22 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10233 D.C. No. 4:09-cr-02593-JMR v. MEMORANDUM * AGUSTIN GUADALUPE GONZALES-RODRIGUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona John M. Roll, Chief District Judge, Presiding Submitted February 15, 2010 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Agustin Guadalupe Gonzales-Rodriguez appeals from the 37-month sentence imposed following his guilty-plea conviction to re-entry after deportation, * 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). in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss. Gonzales-Rodriguez contends that the district court erred when it applied the 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) after finding that his prior conviction for statutory rape was a crime of violence. The valid and enforceable appeal waiver set forth in the plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We therefore enforce the waiver and dismiss the appeal. DISMISSED. 2 10-10233

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