FILED
NOT FOR PUBLICATION JUL 03 2012
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. 10-50324
Plaintiff - Appellee, D.C. No. 2:08-cr-01011-RGK
v.
MEMORANDUM *
ALONSO GONZALEZ SARMIENTO,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Alonso Gonzalez Sarmiento appeals from the 48-month sentence imposed
following his guilty-plea conviction for conspiracy to manufacture, to possess with
the intent to distribute, and to distribute marijuana, in violation of 21 U.S.C. § 846.
We have jurisdiction under 28 U.S.C. § 1291, and 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).
Sarmiento contends that his sentence is procedurally and substantively
unreasonable. We decline to reach this contention in light of the valid appeal
waiver in Sarmiento’s plea agreement. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Sarmiento’s contention that the appeal waiver is not enforceable because the
government breached the covenant of good faith implicit in the plea agreement and
took inconsistent positions is not supported by the record.
DISMISSED.
2 10-50324