Legal Opinion

United States v. Suite

Court of Appeals for the Ninth Circuit

Decided June 13, 2007No. 05-50832Published

1Opinion of the Court

MEMORANDUM **

Ian Anthony Suite appeals from his 24-month sentence for committing wire fraud in connection with telemarketing, in violation of 18 U.S.C. §§ 1343, 2326, and 2.

Suite was sentenced following a guilty plea he entered pursuant to a plea agreement that contained an appeal waiver. However, he contends that the government waived the appeal waiver. He is incorrect. Suite also contends that the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), means that he is not bound by his appeal waiver. We disagree. Booker did not vitiate the…

2Cases cited5 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Michael Nguyen, AKA Viet Quoc NguyenCourt of Appeals for the Ninth Circuit · 2000
  3. United States v. Martin CardenasCourt of Appeals for the Ninth Circuit · 2005
  4. United States v. Cortez-AriasCourt of Appeals for the Ninth Circuit · 2005
  5. United States v. Jose Emilio Cortez-AriasCourt of Appeals for the Ninth Circuit · 2005

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