United States v. Brooke Marie Bibler, A.K.A. Brooke Bibler

Good Law
486 F.3d 557·2007 U.S. App. LEXIS 11624·7 Cal. Daily Op. Serv. 5494
United States Court of Appeals for the Ninth CircuitMay 18, 20070630375California1,100 words

Opinion

Opinion

Fletcher, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed May 4, 2007, slip op. 4949, is amended as follows:

OPINION

Brooke Bibler appeals her 80-month sentence, arguing that the district court erred in failing to apply the safety valve exception, 18 U.S.C. § 3553 (f), when sentencing her. Even assuming that the district court’s failure to apply § 3553(f) was error, appellant waived her right to appeal the sentence imposed by the district court. Therefore, we dismiss this appeal.

I.

Appellant was arrested after police entered her house pursuant to a search warrant and found her in possession of methamphetamine. In return for the government’s promise to seek a downward departure under U.S.S.G. § 5K1.1, appellant pled guilty to possession with intent to distribute more than 50 grams of methamphetamine, agreed to testify against her boyfriend at his trial, and waived the right to appeal her sentence. Appellant’s statute of conviction — 21 U.S.C. § 841 (b)(l)(A)(viii) — established a minimum penalty of ten years in prison, but the Pre-Sentence Report (“PSR”), following the advisory guideline range, recommended a 41-51 month sentence.

According to the PSR, appellant was…

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