United States v. James Verducci

10 F.3d 809 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James VERDUCCI, Defendant-Appellant. No. 93-10069. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1993. * Decided Nov. 15, 1993. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and ZILLY, District Judge. ** 2 MEMORANDUM *** 3 The government honored its plea agreement with Verducci by repeatedly telling the court it was not seeking to enhance the sentence: both in writing, ER 21 ("[T]he United States will not argue in favor of the two point enhancement sought by the Probation Officer."), and orally, RT 1/21/93 at 7 ("The government did not take a position on the issue of whether there should be a two-point enhancement for reckless endangerment...."); id. at 8 ("[T]he one hundred and eighty-eight month range is based upon a position which I did not take because of the plea agreement recommendation ") (emphasis added). 4 When increasing…