United States v. Somchai Amasuda

Good Law
12 F.3d 1108·1993 WL 483446·1993 U.S. App. LEXIS 36544
United States Court of Appeals for the Ninth CircuitNovember 22, 199393-10161California216 words

Opinion

Opinion

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Somchai AMASUDA, Defendant-Appellant No. 93-10161. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1993. Decided Nov. 22, 1993. Before: BROWNING, BEEZER and TROTT, Circuit Judges. 1 ORDER * 2 A defendant's knowing and voluntary waiver of his or her right to appeal a sentence as part of a negotiated plea agreement does not violate due process or public policy. United States v. Navarro-Botello, 912 F.2d 318, 319 (9th Cir.1990), cert. denied, 112 S.Ct. 1488 (1992); United States v. Abarca, 985 F.2d 1012, 1013 (9th Cir.1993); United States v. DeSantiago-Martinez, 980 F.2d 582, 582 (9th Cir.1992). 3 Defendant Somchai Amasuda's written plea agreement stated: "The defendant agrees to waive any right to appeal any sentence falling within the applicable Sentencing Guideline range." Plea Agrmt. at 4, p 6 (emphasis added). Because Amasuda's sentence fell…

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