United States v. Kenny Ramirez-Juarez

FILED NOT FOR PUBLICATION JUL 02 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50184 Plaintiff - Appellee, D.C. No. 2:10-cr-01225-JHN v. MEMORANDUM * KENNY WILLIAM RAMIREZ-JUAREZ, a.k.a. Jose Oscar Barrera, a.k.a. Alvaro Antonio Ramirez Juarez, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Jacqueline H. Nguyen, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Kenny William Ramirez-Juarez appeals from the 24-month sentence imposed following his guilty-plea conviction for conspiracy to harbor and conceal illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I). We dismiss. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Ramirez-Juarez contends that the district court violated his due process rights by imposing, based on uncorroborated and unreliable information, a two- level enhancement under U.S.S.G. § 2L1.1(b)(4) for smuggling or harboring an unaccompanied minor. We are precluded from reaching the merits of Ramirez-Juarez’s claim by a valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000). DISMISSED. 2 11-50184