United States of America v. Timothy John Yost

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIMOTHY JOHN YOST,
Defendant - Appellant.
No. 12-10652
D.C. No. 4:12-cr-01612-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James P. Jones, District Judge, Presiding**
Submitted February 18, 2014***
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Timothy John Yost appeals from the district court’s judgment and
challenges the 21-month sentence imposed following his guilty-plea conviction for
FILED
FEB 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable James P. Jones, United States District Judge for the
Western District of Virginia, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

conspiracy to transport illegal aliens for the purpose of commercial advantage or
private financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), (a)(1)(A)(ii),
and (a)(1)(B)(i). We dismiss.
Yost contends that the district court erred by ordering that his federal
sentence run consecutively to an anticipated state sentence that had not yet been
imposed at the time of federal sentencing. The government argues that this appeal
is barred by a valid appeal waiver. We review de novo whether a defendant has
waived his right to appeal. See United States v. Watson, 582 F.3d 974, 981 (9th
Cir. 2009).
Under the terms of his plea agreement, Yost waived any right to appeal the
imposition of sentence. Yost does not contend that the appeal waiver is invalid or
inapplicable here; nor is the sentence illegal. See United States v. Bibler, 495 F.3d
621, 624 (9th Cir. 2007) (“A sentence is illegal if it exceeds the permissible
statutory penalty for the crime or violates the Constitution.”); see also Setser v.
United States, 132 S. Ct. 1463, 1473 (2012) (district court may order sentence to
run consecutively to an anticipated state sentence). Accordingly, we dismiss in
light of the valid appeal waiver. See Watson, 582 F.3d at 988.
DISMISSED.
12-10652 2

-- 2 of 2 --