United States v. Ramon Alvarez, AKA Jose Rodriguez-Rodriguez

Good Law
999 F.2d 544·1993 WL 272552·1993 U.S. App. LEXIS 25488
United States Court of Appeals for the Ninth CircuitJuly 22, 199391-50848California2,864 words

Opinion

Opinion

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ramon ALVAREZ, aka Jose Rodriguez-Rodriguez, Defendant-Appellant. No. 91-50848. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided July 22, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Ramon Alvarez pleaded guilty pursuant to a written plea agreement. If he pleaded guilty, truthfully disclosed information and testified, and committed no further crimes, then the government was obligated to recommend a downward departure. If he did not perform these conditions, then the agreement was to be "null and void." Alvarez did not perform the conditions, so the government refused to recommend the departure downward. He appeals, claiming that the district court should have ordered the government to perform its promises anyway, or else should have allowed him to withdraw his plea. We affirm. I. Facts 3 Alvarez…

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