United States v. Nicholas Rapier

FILED
NOT FOR PUBLICATION JAN 11 2010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. 08-10573
Plaintiff - Appellee, D.C. No. 2:06-cr-00476-MCE
v.
MEMORANDUM *
NICHOLAS RAPIER,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Nicholas Rapier appeals from the 188-month sentence imposed following
his guilty-plea conviction for distribution of at least 5 grams of cocaine base, 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).
AK/Research
violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Rapier contends that the district court erred at sentencing by ignoring
mitigating factors that it was required to consider under 18 U.S.C. § 3553(a), and
that the sentence imposed is unreasonable. We are precluded from reaching the
merits of this claim by the valid appeal waiver. See United States v. Bibler, 495
F.3d 621, 624 (9th Cir. 2007).
AFFIRMED.
AK/Research 2 08-10573