United States v. Cesar Rocha-Lopez

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cesar ROCHA-LOPEZ, Defendant-Appellant. No. 92-50172. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Cesar Rocha-Lopez appeals his sentence under the United States Sentencing Guidelines (Guidelines), imposed following a guilty plea, for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Despite a negotiated plea agreement which expressly waived his right to appeal, Rocha-Lopez claims that: (1) the prosecutor breached the plea agreement; and (2) the district court erred by denying him a two-level downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo whether a criminal defendant has waived his…