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United States of America v. Reginald Stewart

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 21, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
REGINALD STEWART, A.K.A. REN, DEFENDANT - APPELLANT.

Appeal from the United States District Court for the Central District of California D.C. No. 2:07-cr-01215-SJO S. James Otero, District Judge, Presiding

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Reginald Stewart appeals from the 160-month sentence imposed following his guilty-plea conviction to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Stewart contends his sentence is substantively unreasonable because the district court failed to consider the disparity in the sentencing guidelines between cocaine base and powder cocaine. The valid and enforceable appeal waiver set forth in Stewart's plea agreement precludes our review of this issue. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007). We therefore enforce the waiver and dismiss the appeal.

DISMISSED.


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