Legal Opinion

United States v. Gonzalez-Melchor

Court of Appeals for the Ninth Circuit

Decided July 8, 2011No. 10-50111PublishedCited by 12 opinions

1Opinion of the Court

OPINION

M. SMITH, Circuit Judge:

Defendant-Appellant Manuel GonzalezMelehor appeals his conviction and sixty-three-month sentence for reentry after deportation in violation of 8 U.S.C. § 1326. Gonzalez-Melehor contends that his deportation was invalid because the immigration judge (IJ) failed to advise him of his eligibility for voluntary departure. The government claims that we need not reach that question because Gonzalez-Melehor waived his right to appeal.

We hold that the appellate-waiver, negotiated by the district court at sentencing in exchange for a reduced sentence, is invalid and…

2Cases cited9 opinions

  1. Shawn Jones v. United StatesCourt of Appeals for the Seventh Circuit · 1999
  2. United States v. Jacobo CastilloCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. DoeCourt of Appeals for the Ninth Circuit · 1998
  4. United States v. Kenneth R. BruceCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Angelica GwinnettCourt of Appeals for the Third Circuit · 2007

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. Tim CollinsCourt of Appeals for the Ninth Circuit · 2012
  2. United States v. ManzoCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. Lloyd MyersCourt of Appeals for the Ninth Circuit · 2015
  4. United States v. Sheldon KingCourt of Appeals for the Ninth Circuit · 2021
  5. United States v. SniderDistrict Court, D. Oregon · 2016

7 more not listed; retrieve them via the Exa API.

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