United States v. Martin Cardenas

NOONAN, Circuit Judge:

Martin Cardenas appeals the mandatory minimum sentence he received after pleading guilty to three counts of possessing heroin with intent to distribute, and one count of possessing heroin and cocaine with intent to distribute. Although he waived the right to appeal, he contends that the government breached the plea agreement and that his sentence is illegal because he was entitled to the safety valve codified at 18 U.S.C. § 3553(f). We hold that there was no breach by the government and that the sentence was not illegal. We dismiss the appeal.

FACT AND PROCEEDINGS

During…