United States v. Francisco Lopez-Nevarez

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 LOPEZ-NEVAREZ, Defendant-Appellant. No. 93-50072. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Lopez-Nevarez ("Lopez") appeals from the sentence he received following his plea of guilty to the charge of conspiring to possess with the intent to distribute marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1). Lopez argues that he is entitled to be resentenced because the sentence he received is inconsistent with the terms of his plea agreement. We reject this contention and affirm. 1 3 Lopez expressly consented to waive his right to appeal any and all issues if he was sentenced in accordance with the terms of his plea agreement. He further acknowledged that he was subject to a maximum of 40, and a minimum of 5,…