United States of America, Plaintiff-appellee, v. Pantaleon Mercedes Marmolejo, Defendant-appellant, 108 F.3d 1387 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 108 F.3d 1387 (9th Cir. 1997) Submitted March 11, 1997. *Decided March 13, 1997

Before: SNEED, LEAVY and THOMAS, Circuit Judges.


MEMORANDUM** 

Pantaleon Mercedes Marmolejo appeals his sentence for his guilty plea conviction of conspiracy to distribute and distributing a controlled substance in violation of 21 U.S.C. §§ 846 and 841(a) (1). Although Marmolejo waived his right to appeal his sentence as part of his plea agreement, except for three limited exceptions, Marmolejo now contends on appeal that the district court erred in sentencing him because it relied on unreliable information in determining the amount of cocaine attributable to Marmolejo. Marmolejo was sentenced to a 63 month sentence that was contemplated by the parties in the plea agreement, the sentence was pursuant to the sentencing guidelines, and there is no assertion that the plea was not voluntary or knowing. Marmolejo has waived his right to raise this challenge to his sentence, and we lack jurisdiction to consider it. See United States v. Littlefield, 105 F.3d 527 (9th Cir. 1997).

DISMISSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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