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NOT FOR PUBLICATION.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)
Defendant was convicted in the United States District Court for the Northern District of California, D. Lowell Jensen, J., of conspiracy to possess, and possession with intent to distribute cocaine, and he appealed. The Court of Appeals held that defendant's guilty plea was voluntary.
Dismissed.
Page 796.
Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, District Judge, Presiding.
Before KLEINFELD, McKEOWN and FISHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Daniel Francisco Olivera appeals his conviction, pursuant to a guilty plea, for conspiracy to possess, and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Olivera contends that his guilty plea was involuntary because the plea agreement was so one-sided that it violated due process. Olivera, however, knew of the consequences of his plea, and his plea was not induced by threat or unfulfilled promises, see e.g. Brady v. United States, 397 U.S. 742, 755, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). Because Olivera knowingly and voluntarily waived his right to appeal and was sentenced within the terms of the plea agreement, we lack jurisdiction to consider his appeal. United States v. Martinez, 143 F.3d 1266, 1270-72 (9th Cir.1998) (enforcing waiver of right to appeal where waiver is knowing and voluntary and sentence is in accordance with plea agreement).
DISMISSED.