United States v. Shaunta Taylor

MEMORANDUM

Shaunta Taylor appeals from the district court’s judgment and challenges the 240-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute oxycodone, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(C), and 846. We dismiss.

The government argues that the appeal is barred by an appeal waiver in the parties’ plea agreement. We review de novo. See United States v. Arias-Espinosa, 704 F.3d 616, 618 (9th Cir.2012).

Taylor argues that the appeal waiver should not be enforced because his sentence is unconstitutional, and enforcement of the waiver would result in a miscarriage of justice. We disagree because the record reflects that Taylor was sentenced consistently with the requirements of due process. See United States v. Vanderwerfhorst, 576 F.3d 929, 935-36 (9th Cir.2009) (to establish due process violation at sentencing, defendant must show that his sentence was “demonstrably” based on information that lacked “some minimal indicium of reliability beyond mere allegation”) (internal quotations omitted); United States v. Rigby, 896 F.2d 892, 394 (9th Cir.1990) (no due process violation where “appellant…