United States v. Bobbie Marshall

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Bobbie MARSHALL, Defendant-Appellee. No. 94-50196. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals the 54-month sentence imposed on Bobbie Marshall following his guilty plea pursuant to a written plea agreement, which provided for a specific sentence of 108 months. The government argues that the district court erred by imposing a sentence less severe than that specified in the plea agreement and by dismissing sua sponte the remaining counts. We have jurisdiction under 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 (b), (c) and review de novo. United States v. Semler, 883 F.2d 832, 833 (9th Cir.1989). We reverse and remand. 3 When parties enter a plea agreement which contemplates a specific sentence pursuant to Fed.R.Crim.P.…