Testo completo
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).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NICHOLAS RAPIER,
Defendant - Appellant.
No. 08-10573
D.C. No. 2:06-cr-00476-MCE
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Nicholas Rapier appeals from the 188-month sentence imposed following
his guilty-plea conviction for distribution of at least 5 grams of cocaine base, in
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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AK/Research 08-10573 2
violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Rapier contends that the district court erred at sentencing by ignoring
mitigating factors that it was required to consider under 18 U.S.C. § 3553(a), and
that the sentence imposed is unreasonable. We are precluded from reaching the
merits of this claim by the valid appeal waiver. See United States v. Bibler, 495
F.3d 621, 624 (9th Cir. 2007).
AFFIRMED.
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