United States v. James Anthony Pruitt

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Anthony PRUITT, Defendant-Appellant. No. 91-50709. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 27, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 James Anthony Pruitt appeals his sentence imposed under the United States Sentencing Guidelines after his guilty plea to illegal use of a communications facility, in violation of 21 U.S.C. § 843 (b). He contends that during plea and sentencing proceedings, he received ineffective assistance of counsel, which resulted in an excessive sentence. 1 The government has moved to dismiss this appeal on the ground that Pruitt's plea agreement precludes this court's consideration of any sentencing issues. We dismiss the appeal. 3 We will enforce a knowing and voluntary plea agreement in which the defendant expressly waives the right to appeal his…