FILED
NOT FOR PUBLICATION OCT 4 2011
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. 10-30226
Plaintiff - Appellee, D.C. No. 3:08-cr-00086-JWS
v.
MEMORANDUM *
GILBERTO GONZALES, a.k.a. Angel
Chaides-Arronjo, a.k.a. John Doe, a.k.a.
Gilberto Gonzalez, a.k.a. Victor Manuel
Reyes, a.k.a. Toro,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Alaska
John W. Sedwick, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Gilberto Gonzales appeals from the 240-month sentence imposed following
his guilty-plea conviction for conspiracy to distribute cocaine and
*
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).
methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A), and money
laundering, in violation of 18 U.S.C. § 1956(a)(3)(A) and (B). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Gonzales concedes that he waived his right to appeal his sentence, but
contends that the waiver does not apply because his sentence violates the law.
Because the sentence imposed by the district court neither exceeds the permissible
statutory penalty for the crime, nor violates the Constitution, Gonzales’s appeal is
barred by a valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 624
(9th Cir. 2007); United States v. Jordan, 256 F.3d 922, 928 (9th Cir. 2001).
DISMISSED.
2 10-30226