USA V. EMILIO VALDIVIA-PEREZ, No. 11-10343 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 08 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 11-10343 11-10349 Plaintiff - Appellee, D.C. Nos. 3:10-cr-00077-RCJ 3:10-cr-00093-RCJ v. EMILIO VALDIVIA-PEREZ, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief Judge, Presiding Submitted February 28, 2012 ** Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges. Emilio Valdivia-Perez appeals from the 98-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute a controlled substance, in violation of 21 U.S.C. * 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). §§ 841(a)(1), (b)(1)(B), and 846; and for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss. Valdivia-Perez contends that the district court erred by denying him a role adjustment under U.S.S.G. § 3B1.2. He also contends that his sentence is substantively unreasonable. Valdivia-Perez knowingly and voluntarily waived his right to appeal these issues in a valid and enforceable appeal waiver. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). DISMISSED. 2 11-10343, 11-10349

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