Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Southern District of California
Page 668.
, David O. Carter, District Judge, Presiding. D.C. No. CR-01-03449-DOC.
Bruce Smith, AUSA, USSD--Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
William R. Burgener, Esq., San Diego, CA, for Defendant-Appellant.
Before: KOZINSKI, SILVERMAN and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Francisco Minano-Ciudad appeals his 87-month sentence imposed following a guilty-plea conviction for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).
We dismiss the appeal because Minano-Ciudad knowingly and voluntarily entered into a negotiated plea agreement in which he waived his right to appeal, and his sentence was consistent with the terms of the plea agreement. See United States v. Nguyen, 235 F.3d 1179, 1182-83 (9th Cir.2000) (recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary).
DISMISSED.