Barrett

United States v. Barrett

Good Law
8 F. App'x 844
United States Court of Appeals for the Ninth CircuitMay 8, 2001No. 99-30394; D.C. CR-94-00020-1-CCLCalifornia435 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Robert Patrick Barrett pled guilty to one count of conspiring to distribute cocaine, marijuana, and methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced him to a 57-month term of imprisonment. Defendant appeals the district court’s sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Barrett first asserts that the government breached its promise in the plea agreement to “make no recommendation regarding sentence” by contesting his factual assertions at the sentencing hearing about the drug quantities involved and by stating, in response to the district court’s inquiry, that the evidence established the amounts of drugs reported in the presentence investigation report. We review de novo a contention that the prosecutor’s statements at sentencing constituted a “recommendation regarding sentence.” United States v. Mondvagon, 228 F.3d 978, 980 (9th Cir.2000). We are satisfied that the prosecutor’s statements at the sentencing hearing merely addressed factual information regarding the amount of drugs in issue and were not designed to influence the district court in the exercise *846 of the district court’s…

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