United States of America v. Brianna Beth Borga

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIANNA BETH BORGA,
Defendant-Appellant.
No. 16-10470
D.C. No. 4:16-cr-00217-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Brianna Beth Borga appeals from the district court’s judgment and
challenges the 36-month sentence imposed following her guilty-plea conviction for
importation of a quantity of methamphetamine, in violation of 21 U.S.C. §§ 952(a)
and 960(a)(1) and (b)(3). 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).
FILED
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10470
Borga argues that the district court procedurally erred by miscalculating the
Guidelines range. The government contends that this appeal is barred by a valid
appeal waiver. We review de novo whether a defendant has waived her right to
appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011). The
terms of the appeal waiver in Borga’s plea agreement unambiguously encompass
the claims raised in this appeal. See id. at 1205-06. Contrary to Borga’s
contention, the record reflects that she waived her appellate rights knowingly and
voluntarily. See United States v. Watson, 582 F.3d 974, 986-87 (9th Cir. 2009).
Accordingly, we dismiss pursuant to the valid waiver. See Harris, 628 F.3d at
1207.
DISMISSED.

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