United States of America, Plaintiff-appellee, v. Martin Garcia-barrios, Defendant-appellant, 103 F.3d 142 (9th Cir. 1996)

MEMORANDUM^** 

Martin Garcia-Barrios appeals the nine-month sentence imposed upon his guilty plea conviction for possession with intent to distribute marijuana in violation of 18 U.S.C. § 2113(a). Garcia-Barrios contends that the district court erred in determining his sentence by relying upon disputed information in his presentence report. The government argues that Garcia-Barrios expressly waived his right to appeal his conviction and sentence as a condition of the plea agreement. We agree, and dismiss.

Here, the record indicates that the district court informed Garcia-Barrios of his constitutional rights to a trial and all the rights associated with a trial as mandated by Fed. R. Crim. P. 11. Moreover, Garcia-Barrios's plea agreement contained an express waiver of his right to appeal the guilty plea conviction and any sentence imposed if it did not exceed twelve months. Garcia-Barrios does not dispute and the record indicates that Garcia-Barrios knowingly and voluntarily entered the plea agreement, and the sentence imposed was within the applicable range. See United States v. Michlin, 34 F.3d 896, 898 (9th Cir. 1994).

Accordingly, Garcia-Barrios's appeal is DISMISSED.