United States v. Vanessa Gonzales ( 2010 )

FILED
NOT FOR PUBLICATION DEC 29 2010
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, No. 09-50396
Plaintiff - Appellee, D.C. No. 8:08-cr-00285-JVS-3
v.
MEMORANDUM *
VANESSA ROSE GONZALES,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
**
Submitted December 14, 2010
San Francisco, California
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Vanessa Rose Gonzales appeals the sentence imposed following her guilty
plea to conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846.
*
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).
Gonzales contends that the district court erred in finding that she was ineligible for
safety valve consideration.
As part of her plea agreement, Gonzales waived her right to appeal the
sentence imposed by the court, and she has failed to show that the waiver is
invalid. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007) (“insofar as
the district court sentenced appellant to a term of years beneath the maximum
allowed by statute, the sentence is not “illegal” and cannot excuse the waiver of
appeal”). We therefore enforce the waiver and dismiss the appeal.
DISMISSED.
2 09-50396