United States v. Ruben Garibay

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ruben GARIBAY, Defendant-Appellant. No. 94-50403. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ruben Garibay appeals his 27-month sentence imposed following his guilty plea for unlawful use of a communications facility in violation of 21 U.S.C. Sec. 843 . Garibay contends that the district court erred as a matter of law by failing to grant a two-level reduction for his minor role in the offense. The government argues Garibay waived his right to appeal in a written plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. Waiver of Right to Appeal 3 Whether a defendant has waived his statutory right to appeal is reviewed de novo. United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991). "[A]n express waiver of the…