United States v. Arturo Carlos Garza-Rodriquez

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arturo Carlos GARZA-RODRIQUEZ, Defendant-Appellant No. 92-50263. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 27, 1993. 1 Appeal from the United States District Court for the Southern District of California, No. 91-1008-GT; Gordon Thompson, Jr., District Judge, Presiding. 2 Before CANBY and ALAN E. NORRIS, Circuit Judges, and TANNER, ** Senior District Judge. 3 MEMORANDUM *** 4 Garza-Rodriquez appeals the imposition, under the Guidelines, of a twenty-seven month sentence. We affirm. 5 On January 6, 1992, the defendant entered a plea of guilty to one count of transporting an illegal alien. At the change of plea hearing the defendant's attorney twice recited the terms of the plea agreement. He initially stated the terms to be: 6 [T]he government has agreed not to ask for more than a one-year departure upward from the…