United States of America v. Adrianna Nicole Rivas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ADRIANNA NICOLE RIVAS,
Defendant-Appellant.
No. 22-50021
D.C. No. 3:20-cr-01470-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 16, 2023**
Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.
Adrianna Nicole Rivas appeals from the district court’s judgment and
challenges the 60-month sentence imposed following her guilty-plea conviction for
making a false statement to a government agency, in violation of 18 U.S.C. § 1001.
We have jurisdiction under 28 U.S.C. § 1291, and we dismiss pursuant to the
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 30 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-50021
appeal waiver in Rivas’s plea agreement.
Rivas contends that the appeal waiver is unenforceable because the
government breached the plea agreement. Because the parties are familiar with the
facts in this case, we do not recount them here. We have conducted a thorough
review of the record and conclude the government did not breach the plea
agreement. Accordingly, we enforce the appeal waiver and dismiss the appeal.
See United States v. Hernandez-Castro, 814 F.3d 1044, 1046 (9th Cir. 2016).
All pending motions are denied.
DISMISSED.

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