Legal Opinion

United States v. Hernandez

Court of Appeals for the Ninth Circuit

Decided November 21, 2013No. 12-50575PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM **

Any alleged breach of the terms of the plea agreement by the government did not amount to plain error because there is no basis to conclude that the sentence imposed by the district court was affected by the prosecution’s comments in its sentencing memorandum. See United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1188-90 (9th Cir.2013). In addition, the district court offered sufficiently clear and individualized reasons for rejecting the plea agreement. See In re Morgan, 506 F.3d 705, 711-12 (9th Cir.2007).

AFFIRMED.

This disposition is not appropriate for publication and is not…

2Cases cited2 opinions

  1. In Re MorganCourt of Appeals for the Ninth Circuit · 2007
  2. United States v. Ubaldo Gonzalez-AguilarCourt of Appeals for the Ninth Circuit · 2013

3Cited by3 opinions

  1. Baldwin v. EMI Feist Catalog, Inc.Court of Appeals for the Second Circuit · 2015
  2. Jackson Brumley v. Albert Brumley & Sons, Inc.Court of Appeals for the Sixth Circuit · 2016
  3. Baldwin v. EMI Feist Catalog, Inc.Court of Appeals for the Second Circuit · 2015

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