United States v. Eric v. Logan

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric V. LOGAN, Defendant-Appellant. No. 91-50821. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1993. Decided Dec. 22, 1993. Before: HUG, SCHROEDER, and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Eric Logan pled guilty to one count of armed bank robbery, and he was sentenced to 70 months in prison. Logan was injured during the commission of the offense and is now a complete paraplegic. He challenges his sentence on appeal, arguing that the prosecutor violated a provision of his plea agreement requiring the United States to remain silent on the issue of whether Logan was entitled to a downward departure. He also contends that the district court misunderstood the extent of its discretion to impose a downward departure. 3 Regardless of whether the Assistant United States Attorney breached the plea agreement in this case, Logan has waived…