United States v. Guillermo Guitron-Perez

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Guillermo GUITRON-PEREZ, Defendant-Appellant. No. 93-10159. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 26, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Guillermo Guitron-Perez appeals from his sentence imposed following his guilty plea to harboring an illegal alien in violation of 8 U.S.C. § 1324 (a)(1)(C). Guitron-Perez contends that the district court erred in refusing to grant him a three-level downward adjustment for acceptance of responsibility by failing to resolve factual disputes and improperly relying upon hearsay statements. Guitron-Perez also contends that the government breached his plea agreement by failing to recommend the downward adjustment. He contends that the remedy for the breach is to permit him to withdraw his guilty plea. The government concedes that it…