Cardenas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-10009 Plaintiff-Appellee, v.  D.C. No.

CR-99-20217-JW

MARTIN CARDENAS,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding

Argued and Submitted March 18, 2005—San Francisco, California

Filed May 4, 2005

Before: John T. Noonan, Sidney R. Thomas, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Noonan

4857 4858 UNITED STATES v. CARDENAS

COUNSEL

Christopher Johns, San Rafael, California, for the defendant- appellant.

Amber Rosen, San Jose, California, for the plaintiff-appellee. UNITED STATES v. CARDENAS 4859

OPINION

NOONAN, Circuit Judge:

Martin Cardenas appeals the mandatory minimum sentence he received after pleading guilty to three counts of possessing heroin with intent to distribute, and one count of possessing heroin and cocaine with intent to distribute. Although he waived the right to appeal, he contends that the government breached the plea agreement and that his sentence is…