United States of America v. Matthew Ridge

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NOT FOR PUBLICATION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.
MATTHEW RIDGE,
Defendant - Appellant.
No. 12-10049
D.C. No. 2:09-cr-00455-LDG
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Matthew Ridge appeals from the district court’s judgment and challenges the
151-month sentence imposed following his guilty-plea conviction for distribution
of cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). We dismiss.
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10049 2
Ridge argues that the district court improperly determined that he was a
career offender under the Guidelines. The government contends that Ridge’s
appeal is barred by a valid appeal waiver. We review de novo whether Ridge has
waived his right to appeal. See United States v. Watson, 582 F.3d 974, 981 (9th
Cir. 2009). Ridge contends that the appeal waiver should not be enforced because
at his sentencing hearing the district court advised him that he had waived his right
to appeal, but that he retained limited appellate rights, including the right to appeal
an illegal sentence. The district court’s qualified advisement did not invalidate the
appeal waiver. See id. at 987-88.
DISMISSED.

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