United States of America v. Jaime Zazueta Miranda

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NOT FOR PUBLICATION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.
JAIME ZAZUETA MIRANDA,
Defendant - Appellant.
No. 09-10271
D.C. No. 2:06-CR-00376-JAM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jaime Zazueta Miranda appeals from the 168-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute and distribute methamphetamine, in violation of 21 U.S.C. §§ 846,
841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss based on
FILED
JUL 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10271 2
the valid appeal waiver.
Miranda contends that the appeal waiver contained in his plea agreement is
unenforceable. Our review of the agreement indicates that the waiver
unambiguously encompasses Miranda’s challenge to his sentence. See United
States v. Jeronimo, 398 F.3d 1149, 1154 (9th Cir. 2005). Miranda’s contention
that the waiver was not knowing and voluntary because the plea colloquy was
deficient is belied by the record. See id. at 1154-55.
We decline to consider on direct appeal Miranda’s challenge to the validity
of his guilty plea based on ineffective assistance of counsel. See id. at 1155-56.
DISMISSED.

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