UNITED STATES of America, Plaintiff-Appellee, v. Giovanni Fontes SCOLARI, Defendant-Appellant

On November 29, 1993, Giovanni Fontes Scolari pleaded guilty to conspiracy to possess cocaine with intent to distribute. The plea agreement was developed with the assistance of a settlement judge pursuant to General Order 400 of the District Court for the Southern District of California. The agreement provided that if the sentence imposed was within the range recommended by the settlement judge, the defendant waived the right to appeal his sentence. Under the agreement, the Government was free to argue for a longer sentence, and the defendant was free to argue for a shorter sentence. The sentencing range recommended by the settlement judge was 151 months to 188 months’ imprisonment. The sentence imposed was 188 months’ imprisonment, which is within the range recommended. We hold, therefore, that the defendant waived the right to appeal the sentence, and we affirm the judgment of the district court.

I.

Scolari entered a plea of guilty on one count of conspiracy to possess, with the intent to distribute, 200 kilograms of cocaine. The plea agreement also set forth the agreed facts supporting that plea. The Government agreed to recommend a three-level reduction in the base offense…