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

United States v. Dang Van Pham

United States v. Dang Van Pham
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2011 · Canby, Fernandez, Smith
414 F. App'x 973

United States v. Dang Van Pham

Opinion

MEMORANDUM **

Dang Van Pham appeals from the 37-month sentence imposed following his *974 guilty-plea conviction for willful failure to pay withheld payroll taxes, and aiding and abetting, in violation of 26 U.S.C. § 7202 and 18 U.S.C. § 2. We dismiss.

Pham contends that the district court’s application of the two-level offense role enhancement under U.S.S.G. § 3Bl.l(c) is not supported by the record and violates his due process rights. We are precluded from reaching the merits of Pham’s claim by a valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007).

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provid *974 ed by 9th Cir. R. 36-3.

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