Robertson
United States v. Robertson
Opinion
Lead Opinion
Leayy, J.
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 faded to raise the breach of the plea agreement in district court, we will not consider his claims of breach for the first time on appeal. As a consequence, his waiver of the right to appeal is enforceable. The appeal from the judgment of the district court is therefore dismissed.
FACTS
On August 31, 1992, Robertson pled guilty to obstruction of mail, in violation of 18 U.S.C. § 1702 ; use of an unauthorized access device, in violation of 18 U.S.C. § 1029 (a)(2); mail fraud, in violation of 18 U.S.C. § 1341 ; laundering monetary instruments, in violation of 18 U.S:C. § 1966(a)(1)(B)©; engaging in monetary transactions in unlawfully derived property, in violation of 18 U.S.C. § 1957 (a); theft of mail, in violation of 18 U.S.C. § 1708 ; and failure to appear, in…