U.S. v. MONSALVE

Docket No. 04-1511-CR.

388 F.3d 71 (2004)

UNITED STATES of America, Appellee, v. Diva MONSALVE, Defendant—Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2004.


Attorney(s) appearing for the Case

B. Alan Seidler, New York, NY, for Defendant-Appellant.

Susan Corkery, Assistant United States Attorney, Eastern District of New York, for Appellee.

Before: VAN GRAAFEILAND, JACOBS, and POOLER, Circuit Judges.


PER CURIAM.

The Government moves to dismiss the appeal of Defendant-Appellant Diva Monsalve ("Defendant") based on a waiver of appellate rights contained in her plea agreement. Since we find Defendant waived her right to appeal and Defendant's sentence does not potentially implicate the rule articulated in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), we construe the Government's motion to dismiss the appeal as a motion for summary...

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