United States v. Camey-Alvarado

FILED NOT FOR PUBLICATION JAN 26 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 07-50359 Plaintiff - Appellee, D.C. No. CR-05-01136-RSWL v. MEMORANDUM * LUIS ANTONIO CAMEY-ALVARADO, aka Camey Rosario, Santos Balvino, Juan Lopez, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, District Judge, Presiding Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Luis Antonio Camey-Alvarado appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent * 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). EG/Research to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Camey-Alvarado contends that the district court erred when it determined that he was not eligible for safety-valve relief under 18 U.S.C. § 3553(f). We are precluded from reaching the merits of this claim by the valid appeal waiver. See United States v. Nunez, 223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc). AFFIRMED. EG/Research 2 07-50359