United States v. Francisco Cornejo-Macias

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco CORNEJO-MACIAS, Defendant-Appellant. No. 92-10352. United States Court of Appeals, Ninth Circuit. Submitted June 16, 1993. * Decided July 15, 1993. Before LAY, ** Senior Circuit Judge, HUG and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 Francisco Cornejo-Macias appeals his criminal sentence after pleading guilty to the charge of possession with intent to distribute cocaine. Cornejo-Macias argues that the district court misapplied the sentencing guidelines in computing his base offense level. Cornejo-Macias's negotiated plea agreement expressly waived his right to appeal the sentence pursuant to 18 U.S.C. Sec. 3742 . We hold the waiver enforceable and therefore affirm the sentence. I. BACKGROUND 3 Cornejo-Macias was indicted on two counts: conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. He pleaded…