United States v. Diamand

137 F. App'x 58

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2005
• Docket: No. 03-50174; D.C. No. CR-01-01415-BTM
• Status: Published

Opinion

MEMORANDUM

**

David Zeidel Diamand appeals the judgment of conviction and sentence following his guilty plea to conspiracy, wire fraud, mail fraud, and conspiracy to commit money laundering. We have jurisdiction under 28 U.S.C. § 1291.

We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

All pending motions are denied as moot.

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.