Case: 11-40511 Document: 00511843667 Page: 1 Date Filed: 05/03/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 3, 2012
No. 11-40511
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
POMPILIO MENDEZ-DIAZ,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:10-CR-1134-02
Before SMITH, BARKSDALE, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Pompilio Mendez-Diaz appeals the sentence of 56-months’ imprisonment
imposed following his guilty-plea conviction for conspiracy to transport illegal
aliens within the United States, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii),
1324(a)(1)(A)(v)(I), and 1324(a)(1)(B)(i). Mendez contends his guilty plea was not
knowingly and voluntarily entered because he was not aware that his offense
level for the advisory Sentencing Guidelines would be increased based on: his
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-40511 Document: 00511843667 Page: 2 Date Filed: 05/03/2012
No. 11-40511
creating a risk of serious injury (to border patrol agents who apprehended
Mendez and his group of illegal aliens); and his causing a serious injury (for
raping a member of the alien group). He also contends his sentence was
unreasonable because of these upward adjustments. The Government counters
that Mendez’ appeal is barred because, in his plea agreement, he waived the
right to appeal his sentence.
The plain language of Mendez’ plea agreement confirms that he waived
the right to pursue this appeal, and our review of the rearraignment
proceedings confirms that the waiver was knowing and voluntary. See, e.g.,
United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005) (two-step inquiry for
waiver of appeal).
AFFIRMED.
2