United States of America v. Rafael Arias

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NOT FOR PUBLICATION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.
RAFAEL ARIAS,
Defendant - Appellant.
No. 11-10570
D.C. No. 3:10-cr-00089-RCJ-
VPC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS and GOULD, Circuit Judges.
Rafael Arias appeals the sentence imposed following his guilty plea to
distribution of 50 grams or more of actual methamphetamine in violation of 21
FILED
JUN 29 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10570 2
U.S.C. § 841(a)(1) and 841(b)(1)(A)(viii). We have jurisdiction under 28 U.S.C. §
1291, and we dismiss.
Arias contends that the district court erred in applying a two-level sentencing
enhancement under U.S.S.G. § 3B1.1(c) based on Arias being an organizer, leader,
manager, or supervisor of the criminal activity. Arias’s knowing and voluntary
waiver of his right to appeal any sentence that was within the advisory Sentencing
Guidelines range, contained in his written plea agreement, precludes our
consideration of this issue. See United States v. Harris, 628 F.3d 1203, 1205 (9th
Cir. 2011).
DISMISSED.

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