United States of America v. Jorge Alejandro Gutierrez

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NOT FOR PUBLICATION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.
JORGE ALEJANDRO GUTIERREZ,
Defendant - Appellant.
No. 09-50607
D.C. No. 2:08-cr-01418-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jorge Alejandro Gutierrez appeals from the 188-month sentence imposed
following his guilty-plea conviction for possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). We have
FILED
FEB 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 28 U.S.C. § 1291, and we affirm in part and dismiss in part.
Gutierrez contends that his sentence violates the Eighth Amendment’s
prohibition against cruel and unusual punishment because it is grossly
disproportionate to his offense. This contention lacks merit. See United States v.
Jensen, 425 F.3d 698, 708 (9th Cir. 2005) (rejecting an Eighth Amendment
disproportionality challenge to a life sentence for a defendant convicted of
possession with intent to distribute methamphetamine).
Gutierrez further contends that his sentence is substantively unreasonable.
As Gutierrez has conceded, however, his plea agreement includes a valid appeal
waiver which precludes us from addressing this contention.
AFFIRMED in part; DISMISSED in part.

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