United States v. McAninch
United States v. McAninch
Opinion of the Court
MEMORANDUM
Donald Bruce McAninch appeals his 41-month sentence, imposed after his guilty plea to mail fraud, in violation of 18 U.S.C. § 1341, and mailing threatening communications, in violation of 18 U.S.C. § 876. We dismiss based on the valid appeal waiver.
Because McAninch made a valid waiver of his right to appeal his sentence, we decline to address McAninch’s argument that the district court erred in imposing a fine in lieu of restitution. See United States v. Joyce, 357 F.3d 921, 924 (9th Cir. 2004) (holding that where a defendant waives the right, as conferred by 18 U.S.C. § 3742, to appeal a sentence, that waiver includes the right to appeal all the forms of punishment listed in that statute, including fines).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.