United States v. Lavern Clark

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lavern CLARK, Defendant-Appellant. No. 96-50245. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 6, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Lavern Clark appeals her 37-month sentence imposed following her guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Clark contends that the district court abused its discretion by refusing to depart downwards on the grounds that her criminal history category overrepresented the seriousness of her past convictions. Because Clark expressly waived her right to appeal, we dismiss. 3 Clark's plea agreement included a waiver of appeal which stated in pertinent part: 4 [Y]ou knowingly and voluntarily waive your right to appeal any sentence imposed by the Court and the manner in which the sentence imposed by the…