Chacon

United States v. Chacon

Good Law
258 F. App'x 118
United States Court of Appeals for the Ninth CircuitDecember 5, 2007No. 06-30162California565 words

Opinion

Lead Opinion

*119 MEMORANDUM ***

Tyrone D. Chacon appeals the district court’s sentence, pursuant to a plea agreement, of 262 months for distribution of more than 72 grams of methamphetamine and marijuana. Chacon asserts that the district court improperly considered the guidelines range as the presumptive sentence, giving it too much weight when compared to other 18 U.S.C. § 8553 (a) sentencing factors, and failed to consider a significant factor relating to disparity in sentencing.

We review de novo whether a defendant has waived his right to appeal by entering into a plea agreement and the validity of such a waiver. United States v. Jeronimo, 398 F.3d 1149, 1153 (9th Cir.2005). Chacon does not claim that the waiver was not knowingly and voluntarily made, and so we consider only whether the plea agreement encompassed the grounds of appeal Chacon now raises. See id.

The plea agreement states that Chacon waives his right “to appeal the manner in which the sentence was imposed ... unless the sentence is unreasonable based solely on an incorrect application of the sentencing guidelines to which the defendant filed a proper and timely objection.” Chacon’s appeal does not fall within this narrow…

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