United States v. Nicholas Delgado-Peru

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nicholas DELGADO-PERU, et al., Defendant-Appellant. No. 91-10519. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 21, 1992. Decided July 28, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Nicholas Delgado-Peru appeals from the district court's imposition of a 115-month sentence. We affirm. 3 The plain language of section four of the plea agreement waives Delgado-Peru's right to appeal his sentence. Delgado-Peru argues that the plea agreement is ineffective because the government breached the agreement. The government could have avoided this argument entirely if it had made its recommendations explicitly at the time of sentencing, instead of merely referring to the plea agreement. We need not resolve this issue, however, because even if the government breached the plea agreement, Delgado-Peru waived any objection…