United States v. Tony Wing Fung Yu

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tony Wing Fung YU, Defendant-Appellant. No. 95-50346. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided April 1, 1996. Before: GOODWIN, WIGGINS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Tony Wing Fung Yu appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to conspiracy to possess and transport in interstate commerce a forged security, in violation of 18 U.S.C. § 371 . He contends that the district court erred in adjusting his offense level upward for more than minimal planning. We lack jurisdiction to review this contention because Yu waived his right to appeal any sentence within the statutory maximum pursuant to the plea agreement. 3 We reject Yu's contention that the district court's oral pronouncement at the sentencing hearing superceded the appeal waiver. The prosecutor informed…