Sentence and conviction of defendant for drug-related crimes is affirmed where: 1) defendant's appeal waiver is valid, and thus, direct appeal of his conviction and sentence is not permitted under the terms of the waiver to which he assented; 2) district court did not abuse its discretion in denying defendant's pro se motion for modification of his term of imprisonment as he stipulated to possession with intent to distribute powder cocaine, and the revised guideline regarding crack cocaine possession was simply not applicable; and 3) defendant's Kimbrough claim is rejected.
Appeal from the United States District Court for the District of Puerto Rico
Decided October 1, 2009
Opinion by Stahl, Circuit Judge
For Appellant; Lisa Aidlin
For Appellee: Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Julia M. Meconiates, Assistant United States Attorney