U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Nelson Gutama-Criollo

United States v. Nelson Gutama-Criollo
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2012 · Fernandez, McKeown, Bybee
468 F. App'x 810

United States v. Nelson Gutama-Criollo

Opinion

MEMORANDUM **

Nelson Gutama-Criollo appeals from the 63-month sentence imposed following his guilty-plea conviction for conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Gutama-Criollo contends that the district court erred in applying a two-level role enhancement, pursuant to U.S.S.G. § 3Bl.l(c). The valid and enforceable appeal waiver precludes our review of this contention. See United States v. Watson, 582 F.3d 974, 987-88 (9th Cir. 2009) (appellate waiver remains enforceable where the district court’s comments regarding right to appeal are qualified).

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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