FILED
NOT FOR PUBLICATION OCT 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10482
Plaintiff - Appellee, D.C. No. 5:10-cr-00149-EJD-1
v.
MEMORANDUM*
ALFONSO CONTRERAS-LEON,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Argued and Submitted September 9, 2013
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and BATTAGLIA, District
Judge.**
Alfonso Contreras-Leon appeals his conviction, after a guilty plea, of illegal
reentry in violation of 8 U.S.C. § 1326. He seeks to challenge the validity of his
1998 removal. Because he entered an unconditional guilty plea, he waived his
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Anthony J. Battaglia, United States District Judge for
the Southern District of California, sitting by designation.
right to appeal. See Fed. R. Crim. P. 11(a)(2). Even if there were some ambiguity
in connection with the waiver, however, his appeal would lack merit. The
subsequent removal in 2001 was also charged in the indictment and constituted an
independent basis for his conviction.
The appeal is DISMISSED.
2