United States of America v. Ricky Renard Todd

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NOT FOR PUBLICATION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.
RICKY RENARD TODD,
Defendant - Appellant.
No. 11-50455
D.C. No. 2:08-cr-00396-VBF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Ricky Renard Todd appeals from the district court’s judgment and
challenges the 162-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute cocaine base in the form of crack cocaine, in violation
of 21 U.S.C. § 846. We dismiss.
FILED
MAY 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50455 2
Todd contends that the district court procedurally erred at sentencing and
imposed a substantively unreasonable sentence. The government argues that the
appeal is barred by a valid appeal waiver. We review de novo whether a defendant
has waived his right to appeal. See United States v. Watson, 582 F.3d 974, 981
(9th Cir. 2009).
Under the terms of Todd’s binding plea agreement, he waived the right to
appeal “any sentence imposed by the Court,” and “the manner in which the
sentence is determined,” provided that the sentence fell within the stipulated range,
as it did here. Todd contends that he is nonetheless entitled to bring this appeal
because he reserved the right to appeal based on explicitly retroactive changes to
the applicable Sentencing Guidelines and statutes. This argument fails because
under the terms of the waiver, a challenge based on such retroactive changes may
be made only by way of a post-conviction collateral attack. Because the waiver
applies and is enforceable, we dismiss. See id. at 988.
DISMISSED.

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