U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Reginald Stewart

United States v. Reginald Stewart
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2011 · Beezer, Tallman, Callahan
414 F. App'x 907

United States v. Reginald Stewart

Opinion

MEMORANDUM **

Reginald Stewart appeals from the 160-month sentence imposed following his guilty-plea conviction to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and *908 possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(l)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Stewart contends his sentence is substantively unreasonable because the district court failed to consider the disparity in the sentencing guidelines between cocaine base and powder cocaine. The valid and enforceable appeal waiver set forth in Stewart’s plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We therefore enforce the waiver and dismiss the appeal.

DISMISSED.

**

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

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