United States v. Jose Castillo ( 2013 )

FILED
NOT FOR PUBLICATION APR 23 2013
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. 11-50259
Plaintiff - Appellee, D.C. No. 3:10-cr-05124-BEN
v.
MEMORANDUM *
JOSE LUIS CASTILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Jose Luis Castillo appeals from the district court’s judgment and challenges
his guilty-plea conviction for transportation of illegal aliens and aiding and
abetting, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (v)(II). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
*
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).
Castillo contends that his plea was not entered knowingly, intelligently, and
voluntarily in light of his inaudible responses at the change of plea hearing and his
impaired mental state. Contrary to the government’s argument, the appeal waiver
in Castillo’s plea agreement does not bar our consideration of his claim. See
United States v. Portillo-Cano, 192 F.3d 1246, 1250 (9th Cir. 1999) (reaching
defendant’s claim that the plea was involuntary, despite appeal waiver, because
“waivers of appeal must stand or fall with the agreement of which they are a part”)
(internal quotations omitted). Nevertheless, Castillo’s claim fails.
We review the voluntariness of a plea de novo. See United States v.
Forrester, 616 F.3d 929, 934 (9th Cir. 2010). Notwithstanding the portions of the
transcript of the change of plea hearing that are marked “inaudible,” the record
reflects that Castillo’s plea was knowing, voluntary, and intelligent. Moreover, the
record reflects that any mental health issues that Castillo may suffer did not impair
his ability to enter a knowing plea.
AFFIRMED.
2 11-50259