United States of America v. Emilio Valdivia-Perez

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NOT FOR PUBLICATION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.
EMILIO VALDIVIA-PEREZ,
Defendant - Appellant.
Nos. 11-10343
11-10349
D.C. Nos. 3:10-cr-00077-RCJ
3:10-cr-00093-RCJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted February 28, 2012**
Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.
Emilio Valdivia-Perez appeals from the 98-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute and to distribute a controlled substance, in violation of 21 U.S.C.
FILED
MAR 08 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10343, 11-10349 2
§§ 841(a)(1), (b)(1)(B), and 846; and for being a felon in possession of a firearm,
in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under
28 U.S.C. § 1291, and we dismiss.
Valdivia-Perez contends that the district court erred by denying him a role
adjustment under U.S.S.G. § 3B1.2. He also contends that his sentence is
substantively unreasonable. Valdivia-Perez knowingly and voluntarily waived his
right to appeal these issues in a valid and enforceable appeal waiver. See United
States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011).
DISMISSED.

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