United States v. Paul Silman

FILED
MAR 07 2013
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50393
Plaintiff - Appellee, D.C. No. 3:09-cr-03879-WQH-1
v.
MEMORANDUM *
PAUL ANDREW SILMAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 5, 2013 **
Pasadena, California
Before: HAWKINS, THOMAS, and HURWITZ, Circuit Judges.
Defendant Paul Andrew Silman appeals his sentence of 65 months
incarceration followed by three years of supervised release. We have jurisdiction
*
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).
under 28 U.S.C. § 1291. Because the parties are familiar with the facts, we need
not recount them here.
In his plea agreement, Defendant validly waived his right to appeal his
conviction and sentence. See United States v. Nguyen, 235 F.3d 1179, 1182–83
(9th Cir. 2000), abrogated on other grounds by United States v. Rahman, 642 F.3d
1257, 1259 (9th Cir. 2011). His arguments that the Government breached the plea
agreement are meritless. Accordingly, we dismiss this appeal. United States v.
Michlin, 34 F.3d 896, 898 (9th Cir. 1994).
DISMISSED.