United States of America, Plaintiff-appellee, v. Emiro Gonzalez, Aka Emiro Gonzales, Defendant-appellant, 40 F.3d 1247 (9th Cir. 1994)

MEMORANDUM^** 

Emiro Gonzalez appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a) (1) and 846. Gonzalez contends that the district court violated 18 U.S.C. § 3553(c) (1) by failing to state its reasons for imposing a sentence at a particular point within the applicable guidelines range. Because Gonzalez expressly waived his right to appeal, we dismiss.

Gonzalez's plea agreement included a waiver of appeal which stated in pertinent part:

... [Y]ou knowingly and voluntarily waive your right to appeal any sentence imposed by the Court and the manner in which the sentence is determined, so long as your sentence is within the statutory maximum specified above.

The statutory maximum specified in the plea agreement was life imprisonment, a period of supervised release of at least five years, a fine of $4,000,000, and a special assessment of $50. The district court determined that Gonzalez's offense level was 33, resulting in a sentencing guideline range of 135 to 168 months. The district court sentenced Gonzalez to 150 months.

Gonzalez does not question the validity of his waiver of the right to appeal. Compare United States v. Gonzalez, 981 F.2d 1037, 1038 (9th Cir. 1992) (denying the government's motion to dismiss an appeal where the defendant called into question the validity of the waiver by contending that the government breached the plea agreement). Nor does Gonzalez contend that the sentence imposed "is not in accordance with the negotiated agreement." United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir. 1990). Rather, the plain meaning of the plea agreement is that Gonzalez waived his right to appeal so long as the sentence imposed is within the statutory maximum. The sentence imposed was within the statutory maximum. Gonzalez therefore waived his right to appeal. See United States v. Bolinger, 940 F.2d 478 (9th Cir. 1991) (enforcing waiver of appeal where the district court sentenced defendant to term within range specified in plea agreement).

DISMISSED.