United States v. Michael John Mahan, Sr.

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MAHAN, Sr., Defendant-Appellant. No. 94-50110. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1995. * Decided July 19, 1995. 1 Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, ** District Judge. 2 MEMORANDUM *** 3 Mahan appeals from the sentence imposed upon him pursuant to the Sentencing Guidelines. 4 Before reaching the merits of Mahan's appeal, however, we must consider the government's contention that Mahan has waived his right to appeal in his plea agreement. 5 The plea agreement provides, in relevant part: 6 [Y]ou knowingly and voluntarily waive your right to appeal any sentence imposed by the Court and the manner in which the sentence is determined, so long as your sentence is within the statutory maximum specified above and does not represent an upward departure from the sentencing guidelines. 7 We have held such…