United States v. Smith

ARNOLD, Circuit Judge.

Michael Smith appeals from his sentence of 293 months’ imprisonment after he pleaded guilty to producing child pornography, see 18 U.S.C. § 2251(a). He maintains that the district court 1 erred in determining his criminal history category under the United States Sentencing Guidelines and that the government failed to keep its promise to recommend that the district court sentence him to a term of 210 months. We dismiss the appeal.

The government moved to dismiss this appeal because Mr. Smith waived his right to appeal in his plea agreement. Section 2(C)(1)(b) of that…