United States v. Jesus Loya

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus LOYA, Defendant-Appellant. No. 94-50539. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Loya appeals his 24-month sentence imposed following his guilty plea to importation of marijuana, in violation of 21 U.S.C. Secs. 952 and 960. Loya contends the district court erred by denying him a downward adjustment for his minor role in the offense, and the government's breach of his plea agreement invalidates his waiver of his right to appeal. We dismiss the appeal. 3 If a defendant is sentenced in violation of a plea agreement, we will not enforce a waiver of the right to appeal. United States v. Torres, 999 F.2d 376, 378 (9th Cir.1993) (per curiam). In determining whether the agreement was breached, we look to what the parties reasonably…