United States v. Atilano Rodriguez

MEMORANDUM ***

Atilano de Jesus Rodriguez filed this appeal from the 30-month sentence he received pursuant to his conviction for unlawful reentry in violation of 8 U.S.C. § 1326 in 2011. He seeks to contest the 16-level upward adjustment imposed because of his prior conviction for sexual battery. We conclude he has waived his appeal rights.

Rodriguez’s reentry conviction was entered on the basis of his guilty plea that contained multiple ranges of sentences, depending upon the offense level that the presentence report recommended. The plea agreement provided that Rodriguez waived his right to…