United States of America v. Andrei Mirel

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NOT FOR PUBLICATION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.
ANDREI MIREL,
Defendant - Appellant.
No. 11-30303
D.C. No. 1:11-cr-00101-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Andrei Mirel appeals from the 38-month sentence imposed following his
guilty-plea conviction to improper entry by an alien, in violation of 8 U.S.C.
§ 1325(a); use of a false or altered passport, in violation of 18 U.S.C. § 1543; and
FILED
OCT 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30303 2
wire fraud, in violation of 18 U.S.C. § 1343. We dismiss.
Mirel contends that the district erred by relying on the presentence report,
rather than the parties’ stipulation, to determine the loss amount under U.S.S.G.
§ 2B1.1(b)(1), and by imposing a substantively unreasonable sentence. We are
precluded from reaching the merits of Mirel’s claim by a valid appeal waiver. See
United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). Contrary to Mirel’s
contention, the district court did not impose a sentence that exceeds the advisory
Sentencing Guidelines range as determined by the court that would trigger one of
the appeal waiver exceptions set forth in the plea agreement.
DISMISSED.

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