Legal Opinion

United States v. Ubaldo Gonzalez-Aguilar

Court of Appeals for the Ninth Circuit

Decided June 13, 2013No. 12-50048PublishedCited by 16 opinions

1Opinion of the Court

OPINION

TALLMAN, Circuit Judge:

Ubaldo Gonzalez-Aguilar pled guilty to one count of being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326, and was sentenced to 57 months of imprisonment. On appeal, Gonzalez-Aguilar claims that the government implicitly breached its plea agreement by arguing in its sentencing memorandum that Gonzalez-Aguilar was a recidivist with an extensive criminal history. Gonzalez-Aguilar contends that, in making this argument, the government breached its promise to recommend a sentence at the low end of the applicable Sentencing…

2Cases cited7 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Puckett v. United StatesSupreme Court of the United States · 2009
  3. United States v. MarcusSupreme Court of the United States · 2010
  4. United States v. LorenzoCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. Mark Wesley Johnson,defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999

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3Cited by16 opinions

  1. United States v. Collins ChristensenCourt of Appeals for the Ninth Circuit · 2013
  2. United States v. HerediaCourt of Appeals for the Ninth Circuit · 2014
  3. United States v. Francisco TydingcoCourt of Appeals for the Ninth Circuit · 2018
  4. United States v. HernandezCourt of Appeals for the Ninth Circuit · 2013
  5. United States v. Marites BarrogoCourt of Appeals for the Ninth Circuit · 2023

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