United States v. Francisco Amaya-Portillo

668 F. App'x 823

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 19, 2016
• Docket: 15-10533
• Status: Unpublished

Opinion

MEMORANDUM **

After Francisco Amaya-Portillo pleaded guilty to violating 8 U.S.C. § 1326(a), the district court sentenced him to 18-months of imprisonment, followed by three years of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and affirm the sentence.

Amaya-Portillo’s sole claim on appeal is that the government breached the plea agreement he had entered into by implicitly arguing for a harsher sentence than the agreement allowed. We disagree. While the government could have recommended the agreed-upon sentence more enthusiastically, it had no obligation to do that. See United, States v. Johnson, 187 F.3d 1129, 1135 (9th Cir. 1999). Here, the government recommended the proper sentence, gave reasons to support it, and addressed likely objections. This is all the agreement reasonably demanded.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,