FILED
NOT FOR PUBLICATION JUL 10 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50054
Plaintiff - Appellee, D.C. No. 5:12-cr-00017-VAP
v.
MEMORANDUM*
SALVADOR GONZALEZ-CHAVEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Salvador Gonzalez-Chavez appeals from the district court’s judgment and
challenges the 168-month sentence imposed following his guilty-plea conviction
for conspiracy to possess with intent to distribute a controlled substance, in
violation of 21 U.S.C. § 846. We dismiss.
*
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).
Gonzalez-Chavez argues that the district court erred by miscalculating his
advisory Sentencing Guidelines range. He further argues that his counsel was
constitutionally deficient in failing to object to the erroneous Guidelines
calculation. The government argues that the appeal is barred by the appeal waiver
in the parties’ plea agreement. We review de novo whether a defendant has waived
his right to appeal. See United States v. Bibler, 495 F.3d 621, 623 (9th Cir. 2007).
In the plea agreement, Gonzalez-Chavez waived his right to appeal “the
procedures and calculations used to determine and impose any portion of the
sentence . . . [and] the term of imprisonment imposed by the Court . . . .” By its
terms, the waiver bars Gonzalez-Chavez’s claim of Guidelines error, and a
defendant “waives the right to argue ineffective assistance of counsel at sentencing
on direct appeal when [he] waives the right to appeal the sentence.” United States
v. Nunez, 223 F.3d 956, 959 (9th Cir. 2000). Contrary to Gonzalez-Chavez’s
contentions, no exception to the waiver applies here. See Bibler, 495 F.3d at 624.
DISMISSED.
2 13-50054