USA V. BRIANNA BORGA, No. 16-10470 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 29 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 16-10470 D.C. No. 4:16-cr-00217-CKJ v. MEMORANDUM* BRIANNA BETH BORGA, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Brianna Beth Borga appeals from the district court’s judgment and challenges the 36-month sentence imposed following her guilty-plea conviction for importation of a quantity of methamphetamine, in violation of 21 U.S.C. §§ 952(a) and 960(a)(1) and (b)(3). We dismiss. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Borga argues that the district court procedurally erred by miscalculating the Guidelines range. The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived her right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The terms of the appeal waiver in Borga’s plea agreement unambiguously encompass the claims raised in this appeal. See id. at 1205-06. Contrary to Borga’s contention, the record reflects that she waived her appellate rights knowingly and voluntarily. See United States v. Watson, 582 F.3d 974, 986-87 (9th Cir. 2009). Accordingly, we dismiss pursuant to the valid waiver. See Harris, 628 F.3d at 1207. DISMISSED. 2 16-10470

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