United States of America v. Z.w.c., Juvenile Female

11-30137Court of Appeals for the Ninth Circuit5 mar 2012

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
Z.W.C., JUVENILE FEMALE,
Defendant - Appellant.
No. 11-30137
D.C. No. 4:11-cr-00037-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Z.W.C., a juvenile female, appeals from an adjudication of juvenile
delinquency, in violation of 18 U.S.C. § 5032, following a true plea to an
information charging her with witness tampering, in violation of 18 U.S.C.
FILED
MAR 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30137 2
§ 1512(b)(1). We have jurisdiction under 28 U.S.C. § 1291 and we dismiss.
Z.W.C. pleaded true pursuant to a written agreement that included an appeal
waiver, but she contends that the waiver is not enforceable because her sentence
violates the Eighth Amendment prohibition against cruel and unusual punishment.
This contention lacks merit. See United States v. Meiners, 485 F.3d 1211, 1212-13
(9th Cir. 2007) (per curiam). We therefore enforce the valid appeal waiver. See
United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007).
DISMISSED.

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