United States v. Jesus Pina-Regalado

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus PINA-REGALADO, Defendant-Appellant. No. 93-50009. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 13, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Pina-Regalado appeals his 21-month sentence imposed following his guilty plea to importation of marijuana in violation of 21 U.S.C. Sec. 952 . Despite a negotiated plea agreement which expressly waived his right to appeal all sentencing issues, Pina-Regalado argues that the government breached the plea agreement by opposing downward adjustments for acceptance of responsibility and being a minimal participant. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 1 3 "Although a defendant's waiver of his right to appeal is generally enforceable, we have considered a defendant's claims that he was sentenced in violation of…