Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS .
‘ FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10069
D.C. No. CR-03-00934—PGR
Plaintiff- Appellee,
V.
JUDGMENT
MICHAEL RAY GRANT,
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and herebyis DISMISSED.
Filed and entered 10/18/05
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Case 2:03-cr-00934-PGR Document 37 Filed 11/17/2005 Page 1 013

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UNITED STATES COURT OF APPEALS U5- °°URT °F ”"'€A'-S
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10069
Plaintiff - Appellee, D.C. No. CR—O3-00934-PGR
v.
MEMORANDUM*
MICHAEL RAY GRANT,
Defendant — Appellant.
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted October 1 1, 2005**
Before: NELSON, T.G., WARDLAW, and TALLMAN, Circuit Judges.
Michael Ray Grant appeals the sentence imposed following his guilty-plea
conviction for being a felon in possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)(l), 924(a)(2). We dismiss the appeal.
° This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
M This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:03-cr-00934-PGR Document 37 Filed 11/17/2005 Page 2 of 3

Despite his knowing and unequivocal waiver of his right to appeal, Grant
contends that the waiver should be excused because his sentence was imposed
under mandatory sentencing guidelines declared unconstitutional by the Supreme
Court’s remedial opinion in United States v. Booker, 125 S. Ct. 738 (2005). This
claim is foreclosed by United States v. C0rtez—Arias, 403 F.3d 1111, 1114 n.8 (9th
Cir. 2005), as amended No. 04-10184, 2005 WL 2401877, at *1 (9th Cir. Sept. 30,
2005) (holding that “a favorable change in the law does not entitle a defendant to
renege on a knowing and voluntary guilty plea").
DISMISSED.
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