FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 6, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-2001 (D.C. No. 1:16-CR-04357-JAP-1) FRANCISCO GUZMAN-PLATEADO, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before LUCERO, KELLY, and McHUGH, Circuit Judges. _________________________________ This matter is before the court on the government’s motion to enforce the appeal waiver in Francisco Guzman-Plateado’s plea agreement. Exercising jurisdiction under 28 U.S.C. § 1291, we grant the motion and dismiss the appeal. BACKGROUND Guzman-Plateado pleaded guilty to reentry of a removed alien, in violation of 8 U.S.C. §§ 1326(a) and (b), and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). The written plea agreement included the following appeal waiver: * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. The Defendant is aware that 28 U.S.C. § 1291 and 18 U.S.C. § 3742 afford a defendant the right to appeal a conviction and the sentence imposed. Acknowledging that, the Defendant knowingly waives the right to appeal the Defendant’s conviction(s) and any sentence . . . at or under the maximum statutory penalty authorized by law. In addition, the Defendant agrees to waive any collateral attack on [his] conviction(s) and any sentence . . . except on the issue of defense counsel’s ineffective assistance. The appellate waiver in this plea agreement does not bar the defendant from seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c), should the Sentencing Commission so authorize. Mot. to Enforce, Ex. 1 at 9 (emphasis added). The agreement listed the elements of both offenses and described the evidence against him, and by signing it, Guzman-Plateado acknowledged that those facts provided a factual basis for his guilty pleas. Id. at 3-5. The agreement also included a detailed explanation of the possible penalties for each conviction and the immigration consequences of his plea. Id. at 2-3, 8-9. The court provided an interpreter for Guzman-Plateado at his change-of-plea hearing, and the interpreter was used throughout the hearing. Guzman-Plateado confirmed that he had read and discussed the written plea agreement with counsel before signing it. He assured the court that he understood “each and every term of [the] plea agreement,” id., Ex. 2 at 10, and that his plea was voluntary, id. at 16. After the court reminded him of the elements of the offenses, possible penalties, and immigration consequences of the plea, they had the following colloquy about the appeal waiver: THE COURT: [Y] our plea agreement contains a waiver of appeal rights. Specifically, you’re giving up your right to appeal your conviction and any sentence including any fine at or under the 2 maximum statutory penalty authorized by law. Do you understand your ...
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