United States v. Anthony Earl Luciow

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Earl LUCIOW, Defendant-Appellant. No. 93-10178. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1994. Decided April 29, 1994. 1 Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges 2 MEMORANDUM * 3 Anthony Earl Luciow pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute marijuana in violation of 21 U.S.C. Secs. 841 and 846. Luciow timely appeals the denial of his motion to compel performance of the plea agreement, which he claims the government breached. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 4 Luciow argues that the district court erred in failing to find that the government improperly induced him to plead guilty, work undercover, and forfeit property with promises that it would recommend a "lenient sentence" or time served. 5 We review for an abuse of…