United States of America, Plaintiff-appellee, v. Somchai Amasuda, Defendant-appellant, 12 F.3d 1108 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 12 F.3d 1108 (9th Cir. 1993)

Submitted Nov. 4, 1993. Decided Nov. 22, 1993

Before: BROWNING, BEEZER and TROTT, Circuit Judges.


A defendant's knowing and voluntary waiver of his or her right to appeal a sentence as part of a negotiated plea agreement does not violate due process or public policy. United States v. Navarro-Botello, 912 F.2d 318, 319 (9th Cir. 1990), cert. denied, 112 S. Ct. 1488 (1992); United States v. Abarca, 985 F.2d 1012, 1013 (9th Cir. 1993); United States v. DeSantiago-Martinez, 980 F.2d 582, 582 (9th Cir. 1992).

Defendant Somchai Amasuda's written plea agreement stated: "The defendant agrees to waive any right to appeal any sentence falling within the applicable Sentencing Guideline range." Plea Agrmt. at 4, p 6 (emphasis added). Because Amasuda's sentence fell within the applicable Sentencing Guideline range, his appeal is hereby ordered DISMISSED.


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4