United States v. Jaime Corvaia-Hernandez

MEMORANDUM

Jaime Corvaia-Hernandez appeals from the 41-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Corvaia-Hernandez contends that the government breached the parties’ plea agreement by recommending a total offense level of 22 at sentencing, as opposed to the total offense level of 17 he contends was required by the written plea agreement.

Because the base offense level, departures, and adjustments listed in the written plea agreement did not add up to the listed total offense level, the written plea agreement was ambiguous and we therefore look to extrinsic evidence. See United States v. Clark, 218 F.3d 1092, 1095 (9th Cir.2000) (“If ... a term of a plea agreement is not clear on its face, we look to the facts of the case to determine what the parties reasonably understood to be the terms of the agreement.”) (citation omitted). When considered in conjunction with the government’s letter to Corvaia-Her-nandez extending the plea offer and defense counsel’s admissions at the sentencing hearing, it is clear that the terms of the…