FILED
NOT FOR PUBLICATION OCT 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30253
Plaintiff - Appellee, D.C. No. 2:11-cr-00387-JLR
v.
MEMORANDUM *
DAVID POSEY,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted October 15, 2013 **
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
David Posey appeals from the district court’s judgment and challenges the
65-month sentence imposed following his guilty-plea conviction for being a felon
in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1); unlawful
production of an identification document, in violation of 18 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).
§ 1028(a)(1), (b), (c)(1); aggravated identity theft, in violation of 18 U.S.C.
§ 1028A(a)(1); and counterfeiting and forging obligations or securities of the
United States, in violation of 18 U.S.C. § 471. We dismiss.
The government argues that this appeal is barred by the appeal waiver in the
parties’ plea agreement. Posey argues that the waiver is unenforceable, asserting
for the first time on appeal that the government breached the plea agreement by
arguing for a harsher sentence than was stipulated in the agreement and by failing
to state a basis for a requested downward departure or variance. We review for
plain error, see United States v. Whitney, 673 F.3d 965, 970 (9th Cir. 2012), and
find none. The record reflects that, in its sentencing memorandum and at
sentencing, the government stood by its recommendation and explained at length
why it believed that a 48-month sentence was warranted. Accordingly, Posey
received the benefit of his bargain: “the presentation of a united front to the court.”
United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir. 2012) (internal
quotations omitted).
Because the sentence imposed was within the parameters of the appeal
waiver, and the waiver is enforceable, we dismiss the appeal. See United States v.
Watson, 582 F.3d 974, 988 (9th Cir. 2009).
DISMISSED.
2 12-30253