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

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10618
D.C. No. CR-03-00461-1-FJM
Plaintiff - Appellee,
V.
JUDGMENT
JORGE LOPEZ-/XRMENTA, aka Chato,
Defendant- Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
l On consideration whereof; it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and hereby is DISMISSED.
Filed and entered 06/16/06
l
A l A mus eoev
CATHY A. CATTERSON
Clerk QLCOUU
—An;er
‘ QEJULIBZIIOB; l
Case 2:O3—cr—OO461-FJIVI Document 99 Fnled 07/1 O/2006 age 0

’ FILED
NOT FOR PUBLICATION I
JUN 16 2006
UNITED STATES COURT OF APPEALS CAT|Ghg %g;&‘1}rcr3:§§IcpPri|gA$:-|§ERK
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10618 T
Plaintiff - Appellee, D.C. No. CR-03-00461-1-FJM
v. T
I MEMonANDUM "
JORGE LOPEZ-ARMENTA, aka Chato,
. Defendant - Appellant.
Appeal from the United States District Court -
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted June 12, 2006**
Before: FERNANDEZ, KLEINFELD and BERZON, Circuit Judges.
Jorge Lopez—Armenta appeals from his 121-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
" 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 argument. See Fed. R. App. P. 34(a)(2). _
Case 2:03-cr-00461-FJIVI Document 99 Filed 07/10/2006 Page 2 of 3

distribute more than 500 grams of a mixture of methamphetamine, in violation of
21 U.S.C. §§ 846 and 841(a)(1) & (b)(1)(A)(viii).
We dismiss in light ofthe valid appeal Waiver. See United States v. Nguyen,
235 F.3d 1179, 1182 (9th Cir. 2000) (stating that an appeal waiver is valid when it
is entered into knowingly and voluntarily); see also United States v. Cardenos,
S 405 F.3d 1046, 1048 (9th Cir. 2005) (holding that the changes in sentencing law
imposed by United States v. Booker, 543 U.S. 220 (2005), did not render waiver of
appeal involuntary and unknowing).
DISMISSED.
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