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United States v. Mirel

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 17, 2012
486 F. App'x 663 (9th Cir. 2012)

Opinion

No. 11-30303 D.C. No. 1:11-cr-00101-EJL

10-17-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDREI MIREL, 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NOT FOR PUBLICATION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 District of Idaho

Edward J. Lodge, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Andrei Mirel appeals from the 38-month sentence imposed following his guilty-plea conviction to improper entry by an alien, in violation of 8 U.S.C. § 1325(a); use of a false or altered passport, in violation of 18 U.S.C. § 1543; and wire fraud, in violation of 18 U.S.C. § 1343. We dismiss.

Mirel contends that the district erred by relying on the presentence report, rather than the parties' stipulation, to determine the loss amount under U.S.S.G. § 2B1.1(b)(1), and by imposing a substantively unreasonable sentence. We are precluded from reaching the merits of Mirel's claim by a valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). Contrary to Mirel's contention, the district court did not impose a sentence that exceeds the advisory Sentencing Guidelines range as determined by the court that would trigger one of the appeal waiver exceptions set forth in the plea agreement.

DISMISSED.


Summaries of

United States v. Mirel

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 17, 2012
486 F. App'x 663 (9th Cir. 2012)
Case details for

United States v. Mirel

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDREI MIREL, Defendant…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 17, 2012

Citations

486 F. App'x 663 (9th Cir. 2012)