United States of America v. Nelson Gutama-Criollo

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NOT FOR PUBLICATION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.
NELSON GUTAMA-CRIOLLO,
Defendant - Appellant.
No. 10-30358
D.C. No. 2:10-cr-00083-RAJ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Nelson Gutama-Criollo appeals from the 63-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute heroin, in violation
of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. We have jurisdiction under 28
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30358 2
U.S.C. § 1291, and we dismiss.
Gutama-Criollo contends that the district court erred in applying a two-level
role enhancement, pursuant to U.S.S.G. § 3B1.1(c). The valid and enforceable
appeal waiver precludes our review of this contention. See United States v.
Watson, 582 F.3d 974, 987-88 (9th Cir. 2009) (appellate waiver remains
enforceable where the district court’s comments regarding right to appeal are
qualified).
DISMISSED.

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