Narrative Opinion Summary
Tien Nguyen's appeal against his sentence for possession of stolen goods under 18 U.S.C. § 2315 and § 2 is dismissed. Nguyen had waived his right to appeal any sentence that falls within the applicable sentencing guidelines range, as stated in his plea agreement. He only retained the right to appeal a sentence that departs upward from this range. Nguyen's challenge to the district court's adoption of the Presentence Report (PSR) regarding his criminal history points constitutes a waiver of appeal on this basis. The ruling is not intended for publication and does not serve as a precedent per 9th Cir. R. 36-3.
Legal Issues Addressed
Appeal Based on Sentencing Guidelinessubscribe to see similar legal issues
Application: Nguyen retained the right to appeal only if the sentence departed upward from the sentencing guidelines range, which it did not.
Reasoning: He only retained the right to appeal a sentence that departs upward from this range.
Non-Precedential Rulingssubscribe to see similar legal issues
Application: The court's ruling in this case is not intended for publication and does not serve as a precedent, following the Ninth Circuit Rule 36-3.
Reasoning: The ruling is not intended for publication and does not serve as a precedent per 9th Cir. R. 36-3.
Presentence Report and Criminal History Pointssubscribe to see similar legal issues
Application: Nguyen's challenge to the district court's adoption of the Presentence Report regarding his criminal history points was considered a waiver of appeal on this basis.
Reasoning: Nguyen's challenge to the district court's adoption of the Presentence Report (PSR) regarding his criminal history points constitutes a waiver of appeal on this basis.
Waiver of Right to Appealsubscribe to see similar legal issues
Application: The defendant, Tien Nguyen, waived his right to appeal his sentence since it fell within the applicable sentencing guidelines range as per his plea agreement.
Reasoning: Nguyen had waived his right to appeal any sentence that falls within the applicable sentencing guidelines range, as stated in his plea agreement.