United States v. Zaragosa-Navarro

MEMORANDUM

Rogelio Zaragosa-Navarro appeals the 41-month sentence imposed after he pleaded guilty to being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Zaragosa-Navarro argues for the first time on appeal that the government violated the terms of the parties’ “fast-track” plea agreement by implicitly arguing for a sentence harsher than the sentence to which the parties had agreed. We find no plain error. See United States v. Whitney, 673 F.3d 965, 970 (9th Cir.2012). Even if the government breached the plea agreement in its sentencing memorandum by characterizing Zaragosa-Navarro as dangerous based on his prior deportations and convictions, the breach did not affect Zara-gosa-l^avarro’s substantial rights. See United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1187 (9th Cir.2013). At sentencing, the district court referenced facts that were contained in the presentence report, but not the government’s sentencing memorandum, when discussing its reasons for rejecting the plea agreement. It noted that most of Zaragosa-Navarro’s convictions were stale, which suggests…