United States v. Elizabeth Vicario-Lomeli

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Elizabeth VICARIO-LOMELI, Defendant-Appellant. No. 93-50445. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1994. * Decided June 14, 1994. Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM ** I. 2 Vicario-Lomeli did not waive her right to appeal her sentence. The plea agreement expressly granted that right in the event the district court rejected the recommended sentence. The court explicitly reiterated this point at the change of plea hearing. 3 Untimely filing of the notice of appeal does not bar our consideration, since the district court found excusable neglect for the late filing. II. 4 When, pursuant to Rule 11(e)(1)(B), a plea agreement merely recommends a sentence, a district court's decision not to follow the recommendation does not amount to a rejection of the plea bargain. A district court need not offer a defendant…