United States v. Rosa Hernandez-Castro

OPINION

MELLOY, Circuit Judge:

Rosa Hernandez-Castro appeals her sentence of 46 months after pleading guilty to Conspiracy to Possess with Intent to Distribute Heroin. Hernandez-Castro argues the district court erred by imposing a two-level downward departure under U.S.S.G. § 5K3.1 (fast track), instead of the four-level departure set forth in her Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement. Hernandez-Castro further argues the government breached her plea agreement, thereby invalidating her appeal waiver. We reject Hernandez-Castro’s arguments, holding the government did not…