USA V. JAMIE TEICHMAN, No. 11-10255 (9th Cir. 2012)

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FILED APR 18 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10255 D.C. No. 2:10-cr-00313-KJD v. MEMORANDUM * JAMIE TEICHMAN, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Jamie Teichman appeals from his conviction and from the 33-month sentence imposed following his guilty plea to conspiracy to commit mail, wire, and bank fraud, in violation of 18 U.S.C. § 1349. We have jurisdiction under 28 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291, and we affirm in part and dismiss in part. Teichman contends that the government breached the plea agreement by acting in bad faith when it opposed his motion to continue sentencing and made false representations at the sentencing hearing. This contention is belied by the record. Teichman also contends the district court abused its discretion by denying his motion to continue sentencing. The valid and enforceable appeal waiver set forth in the plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). AFFIRMED in part; DISMISSED in part. 2 11-10255

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