United States v. Rodolfo Gutierrez

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodolfo GUTIERREZ, Defendant-Appellant. No. 93-50683. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 19, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Rodolfo Gutierrez appeals his sentence imposed following a guilty plea to three counts of possession with intent to distribute and distribution of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Gutierrez contends that the district court should have reduced his offense level by an additional level for acceptance of responsibility under U.S.S.G. Sec. 3E1.1(b). We have jurisdiction under 28 U.S.C. Sec. 1291 and dismiss this appeal because Gutierrez waived his right to appeal the sentence. 3 I. GOVERNMENT'S MOTION TO SUPPLEMENT RECORD ON APPEAL 4 The government has filed a motion to supplement the record to include a written plea…