United States v. John Edward Gonzales, AKA Eddie

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Edward GONZALES, aka Eddie, Defendant-Appellant. No. 93-50592. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 John Edward Gonzales appeals his 96-month sentence imposed following entry of a guilty plea to two counts of unlawful use of a communication facility in violation of 21 U.S.C. Sec. 843 (b). Gonzales contends that the district court erred by failing to articulate its reasons for departing upward from the applicable United States Sentencing Guidelines sentencing range. The government counters that Gonzales waived his right to appeal his sentence as part of his plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 An express waiver of the statutory right to appeal in a negotiated plea agreement is valid if made…