United States v. Martin Rivas

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin RIVAS, Defendant-Appellant. No. 93-10303. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 21, 1993. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Martin Rivas appeals his 120-month sentence following entry of a guilty plea to conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846 . Rivas contends the government breached the terms of the negotiated plea agreement when it failed to move for a downward departure under U.S.S.G. Sec. 5K1.1 from the applicable United States Sentencing Guidelines sentencing range. The government counters that Rivas waived his right to appeal his sentence as part of the plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo whether an appellant has waived his statutory right to appeal. United States v. Bolinger, 940 F.2d…