United States v. Emilio Valdivia-Perez ( 2012 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                              MAR 08 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                         Nos. 11-10343
    11-10349
    Plaintiff - Appellee,
    D.C. Nos. 3:10-cr-00077-RCJ
    v.                                                        3:10-cr-00093-RCJ
    EMILIO VALDIVIA-PEREZ,                            MEMORANDUM *
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Nevada
    Robert Clive Jones, Chief Judge, Presiding
    Submitted February 28, 2012 **
    Before:        LEAVY, THOMAS, and CHRISTEN, Circuit Judges.
    Emilio Valdivia-Perez appeals from the 98-month sentence imposed
    following his guilty-plea conviction for conspiracy to possess with intent to
    distribute and to distribute a controlled substance, in violation of 21 U.S.C.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    §§ 841(a)(1), (b)(1)(B), and 846; and for being a felon in possession of a firearm,
    in violation of 
    18 U.S.C. §§ 922
    (g)(1) and 924(a)(2). We have jurisdiction under
    
    28 U.S.C. § 1291
    , and we dismiss.
    Valdivia-Perez contends that the district court erred by denying him a role
    adjustment under U.S.S.G. § 3B1.2. He also contends that his sentence is
    substantively unreasonable. Valdivia-Perez knowingly and voluntarily waived his
    right to appeal these issues in a valid and enforceable appeal waiver. See United
    States v. Harris, 
    628 F.3d 1203
    , 1205 (9th Cir. 2011).
    DISMISSED.
    2                           11-10343, 11-10349
    

Document Info

Docket Number: 11-10343

Filed Date: 3/8/2012

Precedential Status: Non-Precedential

Modified Date: 4/18/2021