United States v. Linda Denise Weed

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Linda Denise WEED, Defendant-Appellant. No. 95-10045. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Lisa Denise Weed appeals her sentence under the Sentencing Guidelines imposed following her guilty plea to failure to appear before a court, in violation of 18 U.S.C. Sec. 3146 (a)(1) and (b). Weed contends that the district court erred in refusing to depart downward on the basis that sentencing her for the failure to appear violated the Double Jeopardy Clause of the Fifth Amendment where, as a result of the same failure to appear, the district court had previously enhanced her sentence for her underlying drug conspiracy conviction. 3 Because Weed expressly waived her right to appeal her sentence, we lack jurisdiction. See United States v.…