Court of Appeals for the Ninth Circuit June 26, 2003, 02-10188 (United States v. Scott Katsuki Shimoda)

OPINION

LEAVY, Circuit Judge:

Scott Shimoda appeals the 42-month sentence imposed following his guilty plea conviction for conspiracy to possess and distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). The plea agreement contains a waiver of appeal, but Shimoda argues that his sentence falls within an exception to the waiver. We have jurisdiction pursuant to 28 U.S.C. § 1291.