United States v. Uriel Cardenas

MEMORANDUM

Uriel Cardenas appeals the district court’s imposition of a 33-month term of incarceration and a three-year term of supervised release, following his conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cardenas argues for the first time on appeal that the Government breached the Rule 11(c)(1)(C) plea agreement by implicitly arguing for a sentence greater than that which the parties had agreed to recommend. We hold that there was no plain error because, even assuming breach, Cardenas has not shown that the alleged error affected his substantial rights. See United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1188-89 (9th Cir.2013). Furthermore, the district court did not abuse its discretion in rejecting the plea agreement. The court adequately explained its decision to reject the agreement. See United States v. Harris, 679 F.3d 1179, 1182 (9th Cir.2012).

Cardenas also challenges for the first time the procedural and substantive reasonableness of his term of imprisonment. Cardenas’s procedural challenge fails under the plain error standard because there is no…