United States v. Delfino Rodriguez-Estrada

CARL E. STEWART, Chief Judge:

Defendant-Appellant Delfino Rodriguez-Estrada (Rodriguez) pleaded guilty to being found in the United States after deportation. The plea agreement contained a waiver provision, whereby Rodriguez agreed to waive his right to appeal. On appeal, Rodriguez challenges the district court’s imposition of a sixteen-level enhancement to his sentence pursuant to U.S. Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(l)(A)(ii). He contends that this issue does not fall within the purview of the appeal waiver and, therefore, may be raised on appeal. Because we hold that this issue…