United States v. Steven Metheny , 671 F. App'x 647 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30189
Plaintiff-Appellee, D.C. No. 1:13-cr-00053-AA
v.
MEMORANDUM*
STEVEN METHENY,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, WARDLAW, and FISHER, Circuit Judges.
Steven Metheny appeals from the district court’s judgment and challenges
the 151-month sentence imposed following his guilty-plea conviction for
conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §§ 1341, 1343,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
and 1349; and making a false statement, in violation of 18 U.S.C. § 1001. We
dismiss.
The government contends that this appeal is barred by the appeal waiver
contained in the parties’ plea agreement. Metheny argues that the waiver is
unenforceable because the government breached the plea agreement by advocating
for an aggravating role adjustment under U.S.S.G. § 3B1.1(c). Reviewing de novo,
see United States v. Bibler, 495 F.3d 621, 623 (9th Cir. 2007), we dismiss. The
plea agreement was silent regarding role enhancement and contained an integration
clause expressly disclaiming any promises not set forth in the agreement.
Accordingly, we conclude that the government did not breach the plea agreement
and that the appeal waiver bars Metheny’s appeal.
DISMISSED.
2 15-30189