United States of America, Plaintiff-appellee, v. Nelson Isaac Hasbun-castro, Defendant-appellant, 972 F.2d 1345 (9th Cir. 1992)

Nelson Isaac Hasbun-Castro appeals his sentence for possession with intent to distribute less than 100 grams of a substance containing heroin, in violation of 21 U.S.C. § 841(a) (1) and (b) (1) (C). Hasbun-Castro pled guilty to that offense pursuant to a plea agreement.

The record indicates that, as part of the plea agreement, Hasbun-Castro waived his right to appeal the sentence. An express waiver of the right to appeal in a negotiated plea agreement is valid if knowingly and voluntarily made. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991). The plea agreement states:

My guilty plea is not the result of force, threats, assurances or promises other than the promises contained in this agreement. I agree to the provisions of this agreement as a voluntary act on my part, rather than at the direction of or because of the recommendation of any other person, and I agree to be bound according to its provisions.

Hasbun-Castro does not contend on appeal that his waiver was not knowingly and voluntarily made. His sentence, moreover, is within the range contemplated in the plea agreement. See Bolinger, 940 F.2d at 480. We have no reason to believe that his waiver is invalid. We therefore decline to consider the contentions he raises on appeal.

DISMISSED.