United States v. Reginald Stewart , 414 F. App'x 907 ( 2011 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                                 JAN 21 2011
    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. 09-50389
    Plaintiff - Appellee,              D.C. No. 2:07-cr-01215-SJO
    v.
    MEMORANDUM *
    REGINALD STEWART, a.k.a. Ren,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    S. James Otero, District Judge, Presiding
    Submitted January 10, 2011 **
    Before:        BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
    Reginald Stewart appeals from the 160-month sentence imposed following
    his guilty-plea conviction to possession with intent to distribute cocaine in
    violation of 
    21 U.S.C. § 841
    (a)(1) and (b)(1)(B), and possession of a firearm in
    *
    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).
    furtherance of a drug trafficking crime in violation of 
    18 U.S.C. § 924
    (c)(1)(A)(i).
    We have jurisdiction under 
    28 U.S.C. § 1291
    , and we dismiss.
    Stewart contends his sentence is substantively unreasonable because the
    district court failed to consider the disparity in the sentencing guidelines between
    cocaine base and powder cocaine. The valid and enforceable appeal waiver set
    forth in Stewart’s plea agreement precludes our review of this issue. See United
    States v. Bibler, 
    495 F.3d 621
    , 623-24 (9th Cir. 2007). We therefore enforce the
    waiver and dismiss the appeal.
    DISMISSED.
    2                                    09-50389
    

Document Info

Docket Number: 09-50389

Citation Numbers: 414 F. App'x 907

Judges: Beezer, Tallman, Callahan

Filed Date: 1/21/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024