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

_ i UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10534
D.C. No. CR-03-01013-JAT
Plaintiff- Appellee,
V.
JUDGMENT
NEPONUCENO PRIETO—TORRES,
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
On consideration whereof] it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and herebyis DISMISSED.
Filed and entered 11/15/05
Araua ·’
Arrasrig J fg/q
cm-iv A&AT%RS`ON S fi
Clerk 4
b . `:l'w;`:/ _ {
Deputy Cl “
. ’
n Case 2:03-cr—O1013-JAT Document 73 Filed 12/O7/2005 Page 1 of 3

Nor Pon PUBLICATION N0V 15 2005
UNITED STATES couar or APPEALS °ATUy?= FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10534
Plaintiff - Appellee, . D.C. No. CR·O3-01013-J AT
v.
MEMORANDUM*
NEPONUCENO PRIETO-TORRES,
Defendant- Appellant.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
submitted November s, 2005**
Before: WALLACE, LEAVY, and BERZON, Circuit Judges.
Neponuceno Prieto-Torres appeals the sentence imposed following his
guilty plea to one count of conspiracy to possess with intent to distribute
methamphetamine in violation of 21 U.S.C. §§ 846 and 84l(a)(l). Prieto-Torres,
" 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.
M This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:03-cr-01013-JAT Document 73 Filed 12/O7/2005 Page 2 of 3

who was sentenced under the mandatory Sentencing Guidelines before the
Supreme Court its issued its decision in United States v. Booker, 125 S. Ct. 738
(2005), asserts that the case should be remanded for resenteneing under the post-
Booker advisory Guidelines.
We dismiss the appeal because Prieto-Torres, in his plea agreement,
knowingly and voluntarily waived his right to appeal. See United States v. Cortez-
Arias, 403 F.3d lll l, os amended, 425 F.3d 547 (9th Cir. 2005) (holding that pre-
Booker waiver of right to appeal precludes appellate relief under Booker).
DISNHSSED.
2%%-@5 °i`?`lr
eau-lv .1§3~T€ER$Qy*‘_} 5
S by: Deputy A 4/N fl
Case 2:03-cr—O1013-JAT Document 73 Filed 12/O7/2005 Page 3 of 3

Case 2:03-cr-01013-JAT

Document 73

Filed 12/07/2005

Page 1 of 3

Case 2:03-cr-01013-JAT

Document 73

Filed 12/07/2005

Page 2 of 3

Case 2:03-cr-01013-JAT

Document 73

Filed 12/07/2005

Page 3 of 3