United States v. Quirindongo-Collazo

Appellant Yiris Quirindongo-Collazo executed his plea agreement before Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), was decided. He was sentenced after Blakely but before the United States Supreme Court decided United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). While appellant’s direct appeal was pending in this court, the Booker decision was announced. Appellant now seeks to set aside his sentence pursuant to Booker.

In his opening brief to this court, appellant failed to mention that his plea agreement contained an appeal waiver, and…