Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APREALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10639
D.C. No. CR-04-00647-MHM
Plaintiff- Appellee,
v.
JUDGMENT
UBALDO SUBIRIAS-GONZALEZ,
Defendant — Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and hereby is DISMISSED for lack of
jurisdiction.
Filed and entered 06/ 17/05
A mus copv
cme-nv A. cmrsnsow
Clerk of Court
Arrzsr
‘AUG 1 2 2005 __
Dep ’ Clerk
Case 2:04-cr-OO647—I\/IHIVI Document 24 Filed O 0 ‘ 0 0 ` = . •·- 0 0

NOT Pon PUBLICATION JUN 17 2005
UNITED STATES COURT OF APPEALS CATUYQ-'0 FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10639
Plaintiff- Appellee, D.C. No. CR-04-00647-MHM
v.
MEMORANDUM*
UBALDO SUBIRIAS-GONZALEZ,
i Defendant -— Appellant.
Appeal from the United States District Court
for the District of Arizona
Mary H. Murguia, District Judge, Presiding
Submitted June I4, 2005"'
Before: KLEINFELD, TASHIMA and THOMAS, Circuit Judges.
Ubaldo SubriaS—Gonzalez appeals his conviction, pursuant to a guilty plea,
and sentence for illegal re-entry after deportation in violation of 8 U.S.C. l326(a),
with a sentencing enhancement under 8 U.S.C. § l326(b)(2). AS part of his plea
* This disposition is not appropriate for publication and may not be cited
to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
H This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04-cr—00647-I\/IHIVI Document 24 Filed 08/12/2005 Page 2 of 3

agreement, Subrias-Gonzalez waived his right to bring an appeal of his conviction
or sentence. Subrias-Gonzalez contends, pursuant to the Supreme Court’s holding
in the subsequently decided United States v. Booker, 125 S. Ct. 738 (2005), that
his plea, and its appellate waiver, was not intelligent or voluntary because the
district court misinformed him that the Sentencing Guidelines were mandatory.
Subrias—Gonzalez’s contention is foreclosed by United States v. Cardenas, 405
F.3d 1046, 1048 (9th Cir. 2005) ("a change in the law [such as Booker] does not
make a plea involuntary and unknowing.") Accordingly, we enforce the appeal
waiver, and dismiss for lack of jurisdiction. Id.
DISMISSED.
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