Opinion
No. 10-10219 D.C. No. 3:08-CR-00463-JSW-1
2013-10-15
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARL BERNARD, AKA: CARL BENARD Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted October 7, 2013
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
San Francisco, California
Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges.
Carl Benard ("Benard") appeals his guilty plea and sentence of 188 months for one count of possession of five or more grams of crack cocaine/cocaine base with intent to distribute. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
The appellant's last name is "Benard," but the parties and the pleading captions persistently refer to the appellant as "Bernard."
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Benard's plea and plea agreement bar this appeal. United States v. Jeronimo, 398 F.3d 1149, 1152-53 (9th Cir. 2011). The record establishes that his plea and corresponding waiver of his right to appeal was knowing and voluntary. United States v. Rahman, 642 F.3d 1257, 1260 (9th Cir. 2011).
AFFIRMED.