United States v. Stone

MEMORANDUM **

Jason Michael Stone appeals the 262-month sentence and ten-year term of supervised release imposed by the district court following his guilty-plea conviction for distributing four ounces of cocaine base, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Stone contends the district court erred by classifying cocaine base as crack for purposes of sentencing and by denying his motion for a downward departure under U.S.S.G. § 5K2.13 (1998) based on diminished capacity. The government contends that because Stone knowingly and voluntarily entered into a plea agreement, he waived his right to appeal any sentence not exceeding the applicable sentencing guideline range. Stone replies that he was confused and did not knowingly enter into the plea agreement containing the waiver provision.

This court reviews de novo whether a waiver of the right to appeal is valid and enforceable. See United States v. Portillo-Cano, 192 F.3d 1246, 1249-50 (9th Cir.1999). The record demonstrates that the district court accepted Stone’s plea only after finding it knowing and voluntary. Consequently, the waiver of the right to appeal provision is valid…