United States v. Rodriguez Madden

MEMORANDUM

Rodriguez Madden (“Madden”) appeals from the district court’s judgment and challenges the 92-month sentence imposed following his guilty-plea conviction for armed bank robbery in violation of 18 U.S.Ci § 2113(a) and (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and dismiss the appeal.

Madden argues that in calculating the Guideline range and sentencing him at its low end, the district court improperly included a two-level enhancement for obstruction and excluded a three-level reduction for acceptance of responsibility. Madden waived the right to appeal on this basis. See United States v. Spear, 753 F.3d 964, 967 (9th Cir.2014). Specifically, the plea agreement includes an explicit waiver of Madden’s “right to appeal any sentence imposed within or below the applicable Sentencing Guideline range as determined by the Court,” which plainly means that Madden waives the right to appeal the district court’s determination of the Guidelines range. Further, Madden “does not contend that his waiver was unknowing or involuntary.” See United States v. Harris, 628 F.3d 1203, 1206 (9th Cir.2011). And even if Madden had raised this argument on appeal, we would conclude…