United States of America v. Paul Andrew Silman

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NOT FOR PUBLICATION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.
PAUL ANDREW SILMAN,
Defendant - Appellant.
No. 11-50393
D.C. No. 3:09-cr-03879-WQH-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 5, 2013**
Pasadena, California
Before: HAWKINS, THOMAS, and HURWITZ, Circuit Judges.
Defendant Paul Andrew Silman appeals his sentence of 65 months
incarceration followed by three years of supervised release. We have jurisdiction
FILED
MAR 07 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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under 28 U.S.C. § 1291. Because the parties are familiar with the facts, we need
not recount them here.
In his plea agreement, Defendant validly waived his right to appeal his
conviction and sentence. See United States v. Nguyen, 235 F.3d 1179, 1182–83
(9th Cir. 2000), abrogated on other grounds by United States v. Rahman, 642 F.3d
1257, 1259 (9th Cir. 2011). His arguments that the Government breached the plea
agreement are meritless. Accordingly, we dismiss this appeal. United States v.
Michlin, 34 F.3d 896, 898 (9th Cir. 1994).
DISMISSED.

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