United States v. Roman A. Fernandez
Opinion
Opinion
ORDER
The memorandum for this case filed December 10, 1991 is redesignated a per cu-riam opinion.
OPINION
Roman A. Fernandez appeals his conviction following entry of a guilty plea to importation of cocaine, in violation of 21 U.S.C. §§ 952 , 960. Fernandez contends the district court erred by stating that it was accepting a plea agreement pursuant to Fed.R.Crim.P. 11(e)(1)(C) but nonetheless rejecting the specific prison term agreed to by the parties. We have jurisdiction under 28 U.S.C. § 1291 and we reverse the conviction and remand to allow Fernandez to withdraw his guilty plea or to permit the district court to accept the plea agreement in its entirety and sentence Fernandez accordingly.
We review de novo a district court’s interpretation of the law. United States v. Semler, 883 F.2d 832, 833 (9th Cir.1989). We review for clear error a district court’s construction of a plea agreement. United States v. Keller, 902 F.2d 1391, 1393 (9th Cir.1990).
“Plea agreements are subject to contract-law standards of interpretation.” United States v. Kamer, 781 F.2d 1380, 1387 (9th Cir.1986) (citing United States v. Arnett, 628 F.2d 1162, 1164 (9th Cir.1979)), cert. denied, 479 U.S.…