UNITED STATES v. CHRISTENSEN (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Joshua W. CHRISTENSEN, Defendant-Appellant.

No. 20-30135

Decided: March 24, 2021

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Timothy John Ohms, Assistant U.S. Attorney, USSP - Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee Jason F. Carr, Esquire, Assistant Federal Public Defender, FPDWA - Federal Public Defender's Office, Spokane, WA, for Defendant-Appellant

MEMORANDUM **

Joshua W. Christensen appeals from the district court's judgment imposing a 4-year sentence of probation following his guilty-plea conviction for threatening to murder a federal official, in violation of 18 U.S.C. § 115(a)(1), (b)(4). We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

Christensen argues that the appeal waiver contained in his plea agreement is not enforceable because a defendant cannot voluntarily waive the right to appeal a sentence that has not yet been imposed. As he concedes, this contention is foreclosed. See United States v. Medina-Carrasco, 815 F.3d 457, 462-63 (9th Cir. 2015); United States v. Navarro-Botello, 912 F.2d 318, 320 (9th Cir. 1990). Even if it were not foreclosed, Christensen does not identify any substantive challenge to his conviction or sentence that he would raise absent the waiver. Accordingly, we dismiss pursuant to the valid appeal waiver. See Medina-Carrasco, 815 F.3d at 463.

DISMISSED.

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