United States v. Leyla Martinez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leyla MARTINEZ, Defendant-Appellant. No. 92-55755. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 22, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Leyla Martinez, a federal prisoner, appeals pro se the denial of her 28 U.S.C. § 2255 motion to vacate, set aside, or correct her sentence. Martinez pleaded guilty to one count of distribution of 10.2 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1). She contends that the district court violated the terms of her plea agreement by sentencing her to seventy rather than sixty months imprisonment. We have jurisdiction under 28 U.S.C. § 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 In determining whether a plea agreement has been breached, we look to what the defendant…