United States v. Foster
Docket: No. 02-50323; D.C. No. CR-01-00237-WDK-02
Court: Court of Appeals for the Ninth Circuit; November 13, 2003; Federal Appellate Court
Gregory Alan Foster appeals his sentence following a guilty plea for mail fraud and money laundering under 18 U.S.C. § 1341, 1956(a)(1)(A), and 1957. The appeal is dismissed. Foster argues that the district court improperly applied sentencing enhancements for using sophisticated means to commit fraud, obstruction of justice, and abuse of a position of trust. He claims the waiver in his plea agreement, which precludes appeals of constitutional sentences within statutory limits, is unenforceable due to alleged constitutional violations. Although Foster acknowledges that the parties agreed to follow the 1998 Sentencing Guidelines, he argues the sophisticated means enhancement violates the ex post facto clause since it relies on amendments effective November 1, 1998. However, the plea agreement includes a waiver of the right to raise any ex post facto claims related to the application of any version of the Sentencing Guidelines. The court finds that Foster's remaining claims are non-constitutional and, due to his appellate waiver, lacks jurisdiction to consider them. The appeal is thus dismissed, and the disposition is not suitable for publication or citation, except as permitted by Ninth Circuit Rule 36-3.