Free Mandate of 9th Circuit - District Court of Arizona - Arizona

_ UNITED STATES COURT OF APPEALS
. FOR THE NINTH CIRCUIT I _
UNITED STATES OF AMERICA, No. 04-10578
D.C. No. CR-03-01091-PGR
Plaintiff- Appellee, .
v. A ‘ ` `
· ‘ JUDGMENT
PIO VALENZUELA, aka Jose Olivas- 0
Castillo, `
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona `
(Phoenix). _
On consideration wheres; it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and hereby is DISMISSED.
Filed and entered 09/28/06 U
` A mus -c0·i=·v - I
· cAr¤-av A. CATTERSON
Clerk of Court
ATTEST _
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_ Dep Cler
Case 2:03-cr-01091-PGR Document 71 Filed 10/25/2006 Page 1 of 3

'-'._r I __ ,.
NOT FOR PUBLICATION .
· UNITED STATES COURT OF APPEALS F E D
FOR THE NINTH CIRCUIT SEP 28 zone
i cmav A. cxrreasou cram:
u.s. counr or Appears
UNITED STATES OF AMERICA, No. 04-10578
Plaintiff — Appellee, D.C. No. CR-03-01091-PGR
V- .
MEMORANDUM *
PIO VALENZUELA, aka Jose Olivas-
Castillo,
· Defendant - Appellant. i i
Appeal from the United States District Court
. for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted August 17, 2006**
I San Francisco, California
Before: CANBY, HAWKINS, and THOMAS, Circuit Judges. -
Pio Valenzuela appeals the 121-month sentence the district court imposed
following his guilty plea to possession with intent to distribute methamphetamine. _
" 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.
`°"" This panel unanimously finds this case suitable for decision without oral I
argument. See Fed. R. App. P. 34(a)(2).
Case 2:03-cr-01091-PGR Document 71 Filed 10/25/2006 Page 2 of 3

8 U.S.C. § 841. We dismiss this appeal for lack of jurisdiction because
Valenzuela knowingly and voluntarily waived his right to appeal on the grounds
he raises. See United States v. Jeronimo, 398 F.3d- 1149, 1152-53 (9th Cir. 2005).
Valenzuela waived "any iight to appeal or collaterally attack any matter _
pertaining to this prosecution and sentence if the sentence imposed is consistent
with the terms of thisagreement." The plea agreement provided that Valenzuela
should be sentenced at the low end ofthe applicable Guidelines range. The Court
properly calculated a Guideline range of 121 to 151 months and, consistently with
the plea agreement, sentenced Valenzuela to l21 months imprisonment.
The government did not breach the plea agreement when it opposed
Valenzuela’s motion for safety valve relief under 18 U.S.C. § 3553(li), or when it
sought an enhancement for possession of a tirearm under U.S.S.G. § 2D1.l(b)(l).
The court’s denial of safety valve relief did not render Valenzuela’s sentence
illegal because his sentence did not exceed the-statutory maximum of life
imprisomnent. See United States v. Carderms, 405 F .3d 1046, 1048 (9th Cir.
2005). .
· Appeal DISMISSED.
A A Treo; cow
CATHY A. CATFERSON
. Clerk 0f Court
. ATTEST 2
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