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

Annotate this Case
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.


ORDER* 

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