United States v. Michael John Puder

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 John PUDER, Defendant-Appellant. No. 93-10468. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 28, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael John Puder appeals his 46-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Puder contends that the district court erred in failing to depart downward pursuant to U.S.S.G. Sec. 5K2.16 on the basis of voluntary disclosure of the offense. The government has filed a motion to dismiss the appeal because Puder waived his right to appeal. We grant the government's motion. 3 First, Puder contends that his waiver of his right to appeal is invalid because the record does not show that the waiver was knowing and voluntary. This contention lacks merit. 4 "Whether an appellant has waived his…