United States of America v. Margaret Silvia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARGARET SILVIA,
Defendant - Appellant.
No. 15-30117
D.C. No. 2:13-cr-00022-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Margaret Silvia appeals from the district court’s amended judgment reducing
her sentence from 100 to 74 months. We dismiss.
Silvia waived her right to appeal if the government moved for a sentence
reduction under Federal Rule of Criminal Procedure 35 and the district court
* 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).
FILED
APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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granted the motion. The government argues that Silvia’s appeal should be
dismissed because the district court granted its Rule 35 motion. Silvia counters
that the waiver is unenforceable because her sentence is illegal and the government
breached the plea agreement. We agree with the government. Silvia’s sentence
is not illegal because it does not exceed the statutory maximum or violate the
Constitution. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007).
Moreover, the record reflects that the government complied with all of its
obligations under the plea agreement, including its promise to recommend a
sentence at the low end of the Guidelines range.
DISMISSED.

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