United States v. Raymond Ronell, Jr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 15 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 08-10383
Plaintiff - Appellee, D.C. No. 1:06-cr-00066-LJO
v.
MEMORANDUM *
RAYMOND WILLIAM RONELL, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Argued and Submitted June 14, 2010
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and PANNER,** District Judge.
Raymond W. Ronell, Jr. pleaded guilty and was sentenced for sexual
exploitation of a minor, 18 U.S.C. § 2251(a), and receipt and distribution of child
pornography, 18 U.S.C. § 2252(a)(2). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Owen M. Panner, Senior United States District Judge
for the District of Oregon, sitting by designation.
Ronell challenges the district court’s denial of his motion to suppress. Ronell
failed, however, to preserve this issue for appellate review because he pleaded guilty
without a written plea agreement and made no reservation of rights at the plea
hearing. When a defendant pleads guilty without conditions, the plea “constitutes a
waiver of the right to appeal all nonjurisdictional antecedent rulings and cures all
antecedent constitutional defects.” United States v. Lopez-Armenta, 400 F.3d 1173,
1175 (9th Cir. 2005). Accordingly, we dismiss this portion of Ronell’s appeal.
Ronell also challenges sentencing enhancements based on information the
government obtained after his guilty plea. There is no bar, however, to using after-
acquired evidence to enhance a sentence. “The trial judge has always been permitted
to consider the circumstances of the offense together with the character and
propensities of the offender.” United States v. Belgard, 894 F.2d 1092, 1099 (9th
Cir. 1990) (internal quotation marks omitted).
DISMISSED in part; AFFIRMED in part.
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