United States v. Robert Luong

MEMORANDUM

Defendant-Appellant Robert Torres Luong appeals from a sentence of ninety-seven months’ imprisonment, followed by three years’ supervised release, imposed by the district court after Luong pleaded guilty to conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(C) and 846. We dismiss.

In his written plea agreement, Luong waived his right to appeal his sentence. Luong claims that the waiver is inapplicable, and that the district court erred in not offering him an opportunity to withdraw his plea, because the Government breached the plea agreement at Luong’s sentencing hearing. Luong also claims that the district court failed to undertake an individualized determination of the amount of marijuana involved in the conspiracy that was reasonably foreseeable by Luong.

Because Luong did not raise a claim of breach of the plea agreement before the district court, we review his claim for plain error. See United States v. Whitney, 673 F.3d 965, 970 (9th Cir. 2012). “Relief for plain error is available if there has been (1) error; (2) that was plain; (3) that affected substantial rights; and (4) that seriously affected the…