United States v. Joshua Christensen ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-30135
Plaintiff-Appellee, D.C. No. 2:19-cr-00063-TOR-1
v.
MEMORANDUM*
JOSHUA W. CHRISTENSEN,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Thomas O. Rice, District Judge, Presiding
Submitted March 16, 2021**
Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
Joshua W. Christensen appeals from the district court’s judgment imposing a
4-year sentence of probation following his guilty-plea conviction for threatening to
murder a federal official, in violation of 18 U.S.C. § 115(a)(1), (b)(4). We have
jurisdiction under 28 U.S.C. § 1291, and we dismiss.
*
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).
Christensen argues that the appeal waiver contained in his plea agreement is
not enforceable because a defendant cannot voluntarily waive the right to appeal a
sentence that has not yet been imposed. As he concedes, this contention is
foreclosed. See United States v. Medina-Carrasco, 815 F.3d 457, 462-63 (9th Cir.
2015); United States v. Navarro-Botello, 912 F.2d 318, 320 (9th Cir. 1990). Even
if it were not foreclosed, Christensen does not identify any substantive challenge to
his conviction or sentence that he would raise absent the waiver. Accordingly, we
dismiss pursuant to the valid appeal waiver. See Medina-Carrasco, 815 F.3d at
463.
DISMISSED.
2 20-30135