United States of America v. Vanessa Rose Gonzales

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NOT FOR PUBLICATION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.
VANESSA ROSE GONZALES,
Defendant - Appellant.
No. 09-50396
D.C. No. 8:08-cr-00285-JVS-3
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted December 14, 2010 **
San Francisco, California
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Vanessa Rose Gonzales appeals the sentence imposed following her guilty
plea to conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846.
FILED
DEC 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50396 2
Gonzales contends that the district court erred in finding that she was ineligible for
safety valve consideration.
As part of her plea agreement, Gonzales waived her right to appeal the
sentence imposed by the court, and she has failed to show that the waiver is
invalid. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007) (“insofar as
the district court sentenced appellant to a term of years beneath the maximum
allowed by statute, the sentence is not “illegal” and cannot excuse the waiver of
appeal”). We therefore enforce the waiver and dismiss the appeal.
DISMISSED.

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