U.S. v. SHIMODA

No. 02-10188.

334 F.3d 846 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Katsuki SHIMODA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2003.


Attorney(s) appearing for the Case

Arthur E. Ross and Elizabeth A. Fisher, Honolulu, Hawaii, for the defendant-appellant.

Michael K. Kawahara, United States Attorney's Office, Honolulu, Hawaii, for the plaintiff-appellee.

Before LEAVY, RYMER, and T.G. NELSON, Circuit Judges.


OPINION

LEAVY, Circuit Judge:

Scott Shimoda appeals the 42-month sentence imposed following his guilty plea conviction for conspiracy to possess and distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). The plea agreement contains a waiver of appeal, but Shimoda argues that his sentence falls within an exception to the waiver. We have jurisdiction pursuant to 28 U.S.C. § 1291. For the reasons stated below, we enforce the waiver...

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