Plancarte

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-327 D.C. No. Plaintiff - Appellee, 3:23-cr-01867-

LAB-

v.

ERIKA MARIA PLANCARTE,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted February 10, 2025 Pasadena, California

Filed May 8, 2025

Before: Richard A. Paez, Sandra S. Ikuta, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Ikuta; Concurrence by Judge Paez SUMMARY *

Criminal Law

The panel dismissed Erika Marie Plancarte’s appeal in a case in which she pleaded guilty to conspiracy to transport an alien into the United States. The plea agreement bound the government to recommend a sentence of 90 days imprisonment. The panel held that the government did not implicitly breach the plea agreement by referencing Plancarte’s criminal history, expressing concern about Plancarte’s conduct and recidivism, clarifying an ambiguity in the presentence report, and declining to present mitigating evidence. The panel therefore enforced the appellate waiver…