United States v. Diaz-Barriga

430 F. App'x 581

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 28, 2011
• Docket: 09-30343
• Status: Unpublished

Opinion

MEMORANDUM **

Rogelio Medina Diaz-Barriga appeals from the 120-month sentence imposed following his guilty-plea conviction for possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291. We dismiss.

We dismiss the appeal based on the valid and enforceable appeal waiver, which encompasses Diaz-Barriga’s right to appeal on the grounds raised, and which was knowingly and voluntarily made. See United States v. Watson, 582 F.3d 974, 985-88 (9th Cir.2009); United States v. VanDoren, 182 F.3d 1077, 1081 (9th Cir.1999) (district court satisfied requirements under Fed.R.Crim.P. 11 regarding mandatory minimum penalty). Contrary to Diaz-Barriga’s assertion, the government did not waive the appeal waiver.

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.