Opinion
No. 08-10133.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 30, 2008.
Pamela A. Martin, Robert L. Ellman, Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Jason F. Carr, Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada; Lloyd D. George, District Judge, Presiding. D.C. No. 2:06-cr-00227-LDG-GWF.
Before: GOODWIN, WALLACE, and TROTT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Valdamero Quiroga-Zarate appeals the sentence imposed following his guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1). He contends that the waiver of appeal set forth in his plea agreement violated his right to due process because he could not knowingly and intelligently waive his right to appeal a sentence that had not yet been imposed. As Quiroga-Zarate acknowledges, this contention is foreclosed. See United States v. Cope, 527 F.3d 944, 949 (9th Cir.), cert. denied, ___ U.S. ___, 129 S.Ct. 321, 172 L.Ed.2d 232 (2008).
DISMISSED.