United States v. Darrell Marlow Schock

892 F.2d 1047 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Darrell Marlow SCHOCK, Defendant-Appellant. No. 88-1465. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1989. * Decided Jan. 4, 1990. Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Darrell Schock appeals his conviction upon a guilty plea for manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). Having found Schock violated the terms of his plea agreement, the district court sentenced Schock to 30 months imprisonment, whereas the agreement had provided that the government would recommend a term of only 18 months. Schock challenges the determination below that he breached his plea agreement, and he argues the court improperly considered hearsay evidence in deciding Schock's motion to enforce the agreement. We affirm. 3 We find no clear error in the district court's findings regarding the terms of the…