United States v. Gurmit Kaila

MEMORANDUM

Appellant Gurmit Singh Kaila (Kaila) challenges his eleven-month prison sentence for illegally structuring bank deposits in violation of 31 U.S.C. § 5324 . Kaila contends that the government breached the plea agreement by arguing for a higher sentence based on deposits not stipulated to in the agreement; his sentence was proeedurally and substantively unreasonable; and the district court abused its discretion in imposing special conditions of supervised release requiring Kaila to disclose financial information and cooperate with the Internal Revenue Service (IRS).

1.The district court properly sentenced Kaila pursuant to the unambiguous terms of the plea agreement, which did not preclude the government from arguing that a higher sentence was warranted pursuant to 18 U.S.C. § 3553 (a). See United States v. Streich, 560 F.3d 926, 930 (9th Cir.2009) (“It is irrelevant that the government advocated for a higher sentence based on uncharged conduct. It never promised to do the contrary, and we therefore conclude that it did not breach the plea agreement.”); see also United States v. Cannel, 517 F.3d 1172, 1177 (9th Cir. 2008).

2. Kaila’s sentence was proeedurally and…