United States of America v. Reginald Stewart, a.k.a. Ren

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD STEWART, a.k.a. Ren,
Defendant - Appellant.
No. 09-50389
D.C. No. 2:07-cr-01215-SJO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted January 10, 2011**
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
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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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