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United States v. Raymond Davis

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Not for Publication in West’s Federal Reporter

Before Lynch, Chief Judge, Boudin and Thompson, Circuit Judges.

This is Raymond Davis’s direct appeal from his 84-month sentence, which included a downward departure for substantial assistance below the otherwise applicable 120-month mandatory minimum. The government has moved to dismiss the appeal as barred by an appeal waiver in Davis’s plea agreement, under which Davis agreed to waive his right to appeal as long as his sentence was not longer than 120 months. For the reasons discussed below, we agree that the appeal waiver precludes this appeal and therefore grant the government’s motion and summarily dismiss the appeal.

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