United States of America, Plaintiff-appellee, v. Michael Charles Sullivan, Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 107 F.3d 18 (9th Cir. 1997)

Submitted Jan. 21, 1997.*Decided Jan. 27, 1997

Before: O'SCANNLAIN, LEAVY and KLEINFELD, Circuit Judges.




Michael Sullivan appeals his sentence for his conviction, pursuant to a guilty plea, for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. Sullivan contends that the district court erred in not applying the safety valve provision of 18 U.S.C. § 3553 and U.S.S.G. § 5C1.2. Sullivan, however, waived his right to appeal his sentence, as part of his plea agreement, if he was sentenced at a guideline offense level of 28 or less. Sullivan was sentenced pursuant to an offense level of 25. Sullivan, therefore, has waived his right to appeal his sentence, see United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991), and his appeal is