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United States v. Melgoza-Carbajal

*fn* submitted pasadena california: March 4, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
GRISELDA MELGOZA-CARBAJAL, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Southern District of California. D.C. No. CR-91-1014-01-JSR. John S. Rhoades, District Judge, Presiding

Before: Browning, Hug and Kozinski, Circuit Judges.

MEMORANDUM

Melgoza-Carbajal's plea agreement specified that if she was "sentenced in accordance with the terms of this plea agreement, the parties agree to waive appeal of all issues." SER 5 at P 4. Despite the district court's attempt to force an appeal on the issue of its interpretation of the Guidelines, see id. at 34-35, the 41-month sentence it imposed was within the parameters of the plea agreement, see id. at 31. The agreement wasn't contingent on the district court correctly applying the Guidelines. Under United States v. Bolinger, 940 F.2d 478, 479-80 (9th Cir. 1991), this appeal must therefore be

DISMISSED.

Disposition

DISMISSE ...


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