United States of America, Plaintiff-appellee, v. Linda Denise Weed, Defendant-appellant, 65 F.3d 177 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 65 F.3d 177 (9th Cir. 1995) Submitted Aug. 16, 1995. *Decided Aug. 22, 1995

Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.


Lisa Denise Weed appeals her sentence under the Sentencing Guidelines imposed following her guilty plea to failure to appear before a court, in violation of 18 U.S.C. § 3146(a) (1) and (b). Weed contends that the district court erred in refusing to depart downward on the basis that sentencing her for the failure to appear violated the Double Jeopardy Clause of the Fifth Amendment where, as a result of the same failure to appear, the district court had previously enhanced her sentence for her underlying drug conspiracy conviction.

Because Weed expressly waived her right to appeal her sentence, we lack jurisdiction. See United States v. Bolinger, 940 F.2d 478 (9th Cir. 1991). The record belies Weed's assertion that her sentence falls within the exceptions to the waiver set forth in her plea agreement. The district court sentenced Weed at the low end of the applicable guideline range. The sentence was not an upward departure nor was it outside the range established by the applicable sentencing guideline. There were no offense level increases imposed pursuant to U.S.S.G. Sec. 3C1.1, and the district court expressly acknowledged its authority to make the downward departure requested by Weed before choosing not to depart.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3