FILED
NOT FOR PUBLICATION OCT 15 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10219
Plaintiff - Appellee, D.C. No. 3:08-CR-00463-JSW-1
v.
MEMORANDUM*
CARL BERNARD,
AKA: CARL BENARD
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted October 7, 2013**
San Francisco, California
Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges.
Carl Benard1 (“Benard”) appeals his guilty plea and sentence of 188 months
for one count of possession of five or more grams of crack cocaine/cocaine base
*
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).
1
The appellant’s last name is “Benard,” but the parties and the pleading captions
persistently refer to the appellant as “Bernard.”
with intent to distribute. We have jurisdiction pursuant to 28 U.S.C. § 1291. We
affirm.
Benard’s plea and plea agreement bar this appeal. United States v.
Jeronimo, 398 F.3d 1149, 1152–53 (9th Cir. 2011). The record establishes that his
plea and corresponding waiver of his right to appeal was knowing and voluntary.
United States v. Rahman, 642 F.3d 1257, 1260 (9th Cir. 2011).
AFFIRMED.
2