United States v. Robert Arthur MacArmour

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Arthur MACARMOUR, Defendant-Appellant. No. 94-30417. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 20, 1995. Decided Dec. 6, 1995. 1 Before: REINHARDT AND TROTT, Circuit Judges, and SCHWARZER, District Judge * 2 MEMORANDUM ** 3 The threshold issue on this appeal is whether the government breached its plea agreement, thereby voiding the defendant's waiver in the agreement of his appeal rights. 4 On July 27, 1994, defendant was charged in a nine-count superseding indictment with conspiracy, money laundering, and distribution and possession of illegal drugs. On August 4, 1994, the parties entered into a plea agreement, in which defendant agreed to plead guilty to Counts I through V, including conspiracy, distribution, money laundering, and communication charges, and the government agreed to dismiss Counts VI through IX (including…