Robertson

United States v. Robertson

Good Law
52 F.3d 789
United States Court of Appeals for the Ninth CircuitNovember 23, 1994Nos. 93-50194, 93-50195California1,049 words

Opinion

Lead Opinion

Leavy, 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 failed 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. The waiver of his right to appeal is enforceable because he represented to the district court that he had been sentenced in accordance with the plea agreement. 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. § 1956 (a)(l)(B)(i); engaging in monetary transactions in unlawfully derived property, in violation of 18…

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