United States v. Kenneth G. Frisby

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth G. FRISBY, Defendant-Appellant. No. 94-10098. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge; GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth G. Frisby appeals his conviction and 21-month sentence for submitting a false document to a United States agency and filing a false claim for a $3.4 million tax refund, in violation of 18 U.S.C. Secs. 1001 , 287. Frisby contends the district court erred by denying his motion to withdraw his guilty plea, and by using the amount of his false claim to determine his offense level under the Sentencing Guidelines. Because we conclude that Frisby waived his right to appeal his conviction and sentence, we dismiss the appeal. 3 A defendant's waiver, pursuant to a plea agreement, of his statutory right to appeal is valid provided the…