Anderson

United States v. Anderson

Good Law
163 F. App'x 574
United States Court of Appeals for the Ninth CircuitJanuary 18, 2006No. 04-10547California500 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Russell Michael Anderson appeals from the sentence of 51 months’ imprisonment imposed following his plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Because we find that Anderson has waived his right to appeal his sentence, we dismiss the appeal.

On October 17, 2000, Anderson was arrested after police conducting a traffic stop discovered a gun under the seat of the car in which he was riding. Anderson was subsequently indicted and charged with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Anderson pled guilty pursuant to a plea agreement under which he “waived any right to raise on appeal or collaterally attack any matter pertaining to this prosecution and sentence” as long as he received a sentence in accordance with the agreement.

After the district court accepted the plea, but before Anderson was sentenced, the Supreme Court decided Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). Anderson raised several Blakely objections to the Probation Office’s calculation of his criminal history score. The district court…

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