United States v. Radames Rivera

Radames Rivera pleaded guilty, pursuant to a written plea agreement, to conspiracy to distribute less than 100 grams of heroin, in violation of 21 U.S.C. § 846. The district court 1 sentenced Rivera to 100 months’ imprisonment, an upward variance from the Guidelines range of 37 to 46 months’ imprisonment. On appeal, Rivera first argues that the government breached the plea agreement when it did not recommend a sentence within the Guidelines range. Second, he asserts that the district court procedurally erred by failing to properly Consider “the need to avoid unwarranted sentence disparities…