NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued March 1, 2017
Decided March 9, 2017
Before
RICHARD A. POSNER, Circuit Judge
DIANE S. SYKES, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 16‐3153
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Southern District of Indiana,
Indianapolis Division.
v.
No. 1:14‐cr‐192‐RLY‐MJD‐01
JOHN ANTHONY GUEVARA,
Defendant‐Appellant. Richard L. Young,
Judge.
O R D E R
John Guevara pleaded guilty to possessing methamphetamine, 21 U.S.C. § 841(a),
and possessing a firearm in furtherance of a drug‐trafficking crime, 18 U.S.C. § 924(c).
Guevara then filed an appeal, taking issue with the district court’s imposition of a
two‐level enhancement to his guidelines range for maintaining “a premises for the
purpose of manufacturing or distributing a controlled substance.” U.S.S.G.
§ 2D1.1(b)(12). But as the government points out, Guevara’s plea agreement contains a
broad appellate waiver clause promising that he will not “appeal the sentence imposed
in this case on any ground.” Guevara has not challenged the applicability of this waiver;
in fact, his counsel admitted at oral argument that there is no ground for invalidating the
guilty pleas. See United States v. Smith, 759 F.3d 702, 706 (7th Cir. 2014); United States
No. 16‐3153 Page 2
v. Knox, 287 F.3d 667, 671–72 (7th Cir. 2002). And since the appeal waiver in the plea
agreement stands or falls with the guilty plea, the waiver binds Guevara, and his appeal
must be dismissed. See United States v. Wilson, 481 F.3d 475, 483 (7th Cir. 2007); United
States v. Hare, 269 F.3d 859, 860–61 (7th Cir. 2001).
The appeal is DISMISSED.