United States of America, Plaintiff-appellee, v. Sydney Martin Katz, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

MEMORANDUM^* 

Sydney Martin Katz appeals from his guilty plea conviction and 12 month sentence for attempted tax evasion in violation of 26 U.S.C. § 7201, and two counts of knowingly making false statements in relation to bankruptcy proceedings, in violation of 18 U.S.C. 152(3).

The government argues that this appeal should be dismissed because Katz waived his right to appeal in his plea agreement. We agree. In the plea agreement, Katz expressly waived his right to appeal a sentence within he 0-18 month range. Because the court sentenced Katz to 12 months imprisonment, and six months in a halfway house, the waiver remains operative.

Katz contends that the waiver is not enforceable because the court illegally relied on socioeconomic factors when sentencing Katz. The district court specifically stated, however, that Katz's socioeconomic status had nothing to do with his sentence. Accordingly, we reject Katz's assertion that his waiver is invalid on this ground.

DISMISSED.