Virginia Gail Berry v. United States

17 F.3d 393 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Virginia Gail BERRY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 93-16177. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 14, 1994. 1 Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges 2 MEMORANDUM ** 3 Virginia Gail Berry, a federal prisoner, appeals pro se the denial of her 28 U.S.C. Sec. 2255 motion to vacate her sentence. Berry pleaded guilty to conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. Sec. 841 (a)(1). She contends that she was entitled to a downward adjustment for minimal participation in the offense pursuant to U.S.S.G. Sec. 3B1.2(a). We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 4 As part of a plea agreement, a defendant may waive the right to appeal her sentence. United States v.…