United States v. Hernan Gomez-Gutierrez

620 F. App'x 624

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 21, 2015
• Docket: 14-30150
• Status: Unpublished

Opinion

MEMORANDUM **

Hernán Gomez-Gutierrez appeals from the district court’s judgment and challenges the 180-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§' 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gomez-Gutierrez argues for the first time on appeal that the government breached the plea agreement by implicitly arguing for" a sentence greater than the one it had agreed to recommend. We review for plain error, United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1187 (9th Cir.2013), and find none. Even assuming that the government’s isolated and brief comments breached the plea agreement, Gomez-Gutierrez has not shown that there is a reasonable probability that he would have received a shorter sentence absent the government’s alleged breach. See id. at 1187-90.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.