United States v. Carlos Ramirez

MEMORANDUM

Carlos Ramirez appeals the 63-month sentence imposed following his guilty plea conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). We have jurisdiction under 28 U.S.C. § 1291 and affirm the sentence. Whether the government violated the terms of a plea agreement is reviewed de novo. United States v. Schuman, 127 F.3d 815, 817 (9th Cir.1997) (per curiam). But whether the facts demonstrate that there was a breach of a plea agreement is reviewed for clear error. United States v. Salemo, 81 F.3d 1453, 1460 (9th Cir.1996).

The government did not advocate for a two-level enhancement for a stolen firearm in violation of Ramirez’s plea agreement. By its plain terms the agreement states, “[njothing in this plea agreement shall be construed as limiting the Government’s duty to provide complete and accurate facts to the district court and the U.S. Probation Office.” It was not clear error for the district court to find that the prosecutor was not advocating for a two-level enhancement when he acknowledged to the probation officer, in a phone call prior to sentencing, that the gun found in Ramirez’s car was reported stolen. See United States…