United States v. Michael D. Heath

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael D. HEATH, Defendant-Appellant. No. 92-10694. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael D. Heath appeals his 120-month sentence imposed following entry of a guilty plea to possession with intent to distribute five or more kilograms of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Heath contends that his sentence was illegal because his codefendant, a juvenile, was sentenced to four years' probation. We have jurisdiction under 28 U.S.C. Sec. 1291 . 1 We dismiss. 3 A defendant may waive the right to appeal in a plea agreement. United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). 4 Here, the plea agreement provided that Heath "waives any right to appeal the imposition of sentence ... as long as the sentence given…