Legal Opinion
United States v. Santiago Aguilar-Balbuena
Court of Appeals for the Ninth Circuit
Decided August 2, 2012No. 08-10503UnpublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM **
Santiago Aguilar-Balbuena (“Aguilar-Balbuena”) appeals from the 30-month sentence imposed following his guilty-plea conviction to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we vacate the sentence and remand for re-sentencing on an open record.
“We have stated that ‘[a] defendant’s waiver of his appellate rights is enforceable if (1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.’ ” United States v. Charles, 581 F.3d…
2Cases cited5 opinions
- United States v. Darrel Duane GriselCourt of Appeals for the Ninth Circuit · 2007
- United States v. Pascual Dionicio JeronimoCourt of Appeals for the Ninth Circuit · 2005
- United States v. Jacobo CastilloCourt of Appeals for the Ninth Circuit · 2007
- United States v. BaramdykaCourt of Appeals for the Ninth Circuit · 1996
- United States v. CharlesCourt of Appeals for the Ninth Circuit · 2009
3Cited by7 opinions
- United States v. Jose Hernandez-LopezCourt of Appeals for the Ninth Circuit · 2015
- United States v. MutschlerDistrict Court, W.D. Washington · 2016
- United States v. Atilano RodriguezCourt of Appeals for the Ninth Circuit · 2013
- United States v. Jose Medina-CarrascoCourt of Appeals for the Ninth Circuit · 2015
- United States v. Jose Medina-CarrascoCourt of Appeals for the Ninth Circuit · 2016
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