United States v. Scott Katsuki Shimoda

Scott Shimoda appeals the 42-month sentence imposed following his guilty plea conviction for conspiracy to possess and distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). The plea agreement contains a waiver of appeal, but Shimoda argues that his sentence falls within an exception to the waiver. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons stated below, we enforce the waiver of appeal and accordingly dismiss the appeal.

Procedural Background

Shimoda agreed to pick up two packages from the Honolulu post office for a friend. The packages contained cocaine. Shimoda and his friend were arrested shortly thereafter.

Shimoda pleaded guilty to a single count of conspiracy to distribute and a single count of possession with intent to distribute “500 grams or more of a mixture or substance containing a detectable amount of cocaine,” in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(ii), and 846. The penalty under § 841(b)(l)(B)(ii) is a term of imprisonment of not less than five years and not more than 40 years.

Shimoda stipulated that the drug quantity in one parcel was 1,995.3 grams, and in the second parcel was 1,992.4 grams, for a…