United States v. Dominick Lee Robertson, AKA Dominick Lee Bruno, AKA Nick Bruno, United States of America v. Dominick Lee Robertson, AKA Dominick Lee Bruno, AKA Nick Bruno

40 F.3d 1046 UNITED STATES of America, Plaintiff-Appellee, v. Dominick Lee ROBERTSON, aka Dominick Lee Bruno, aka Nick Bruno, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dominick Lee ROBERTSON, aka Dominick Lee Bruno, aka Nick Bruno, Defendant-Appellant. Nos. 93-50194, 93-50195. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1994. Decided Nov. 23, 1994. Janice R. Mazur, Mazur & Mazur, San Diego, CA, for defendant-appellant. Paul S. Cook, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. LEAVY, Circuit Judge: 1 Dominick Lee Robertson claims the government breached a plea agreement, which contained a waiver of his right to appeal. Because of the breach, Robertson argues he retains the right to appeal. He asks us to vacate his sentence and order the government to comply with the terms of the agreement. Robertson failed to object in district court to the government's conduct which he now claims is a breach. Because Robertson failed to raise the breach of the plea agreement in…