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U.S. v. Rodriguez

United States Court of Appeals, Ninth Circuit
Jul 30, 2002
43 F. App'x 114 (9th Cir. 2002)

Opinion


43 Fed.Appx. 114 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Jose O. RODRIGUEZ, Defendant--Appellant. No. 01-30307. D.C. No. CR-01-00038-a-JWS. United States Court of Appeals, Ninth Circuit. July 30, 2002

Submitted July 22, 2002 .

This panel unanimously finds this case suitable for decision without oral argument. 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NOT FOR PUBLICATION.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 District of Alaska John W. Sedwick, District Judge, Presiding.

Before BROWNING, KOZINSKI and BERZON, Circuit Judges.

MEMORANDUM

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.

Jose O. Rodriguez appeals his conviction and the 198-month sentence imposed following his guilty plea conviction for conspiracy in relation to cocaine trafficking, in violation of 21 U.S.C. § 846, and unlawful reentry of an alien previously deported following an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a)(1) and (b)(2).

We reject as meritless Rodriguez's contention that his appeal waiver violates public policy. It is well-settled in this circuit that plea agreements such as the one made here do not offend public policy. United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir.1990). Thus, Rodriguez's waiver of the right to appeal his conviction and sentence is valid, see United States v. Torres, 999 F.2d 376, 378 (9th Cir.1993) (per curiam) (upholding appeal waiver where there was no breach of plea agreement), and the appeal is

DISMISSED.


Summaries of

U.S. v. Rodriguez

United States Court of Appeals, Ninth Circuit
Jul 30, 2002
43 F. App'x 114 (9th Cir. 2002)
Case details for

U.S. v. Rodriguez

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Jose O. RODRIGUEZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 30, 2002

Citations

43 F. App'x 114 (9th Cir. 2002)