United States of America, Plaintiff-appellee, v. Lavern Clark, Defendant-appellant, 103 F.3d 141 (9th Cir. 1996)

MEMORANDUM^** 

Lavern Clark appeals her 37-month sentence imposed following her guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a) (1). Clark contends that the district court abused its discretion by refusing to depart downwards on the grounds that her criminal history category overrepresented the seriousness of her past convictions. Because Clark expressly waived her right to appeal, we dismiss.

Clark's plea agreement included a waiver of appeal which stated in pertinent part:

[Y]ou knowingly and voluntarily waive your right to appeal any sentence imposed by the Court and the manner in which the sentence imposed by the Court and the manner in which the sentence is determined, so long as your sentence is within the statutory maximum specified above.

The statutory maximum specified in the plea agreement was twenty years, a five-year period of supervised release, a fine of $1,000,000, and a special assessment of $50. Because the sentence imposed on Clark was within these terms, we dismiss this appeal. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991) (enforcing waiver of appeal where the district court sentenced defendant to term within range specified in plea agreement); see also United States v. Khaton, 40 F.3d 309, 311-12 (1994) (dismissing appeal where claims fall outside scope of issues appealable under terms of waiver of appeal).¹ 

DISMISSED.