Anaya-Sanchez

MEMORANDUM *

The threshold issue is whether the court has jurisdiction over tMs appeal. We conclude that we do not. Appellant’s plea agreement contains a waiver of his right to appeal. “Plea agreements are contractual m nature and are measured by contract law standards.” United States v. Clark, 218 F.3d 1092, 1095 (9th Cir.2000) (internal quotation marks and citations omitted). Appellant contends that the government breached the plea agreement by not maMng agreed-upon sentencing recommendations. He argues that this alleged breach operated to relieve him of his waiver of appellate rights. We reject this argument, holding instead that the government validly exercised an option contained in the plea agreement itself.

The plea agreement provided at Part XII: “If the defendant ... engages in additional criminal conduct ... the Government will not be bound by the recommendations in tMs agreement, and may recommend any lawful sentence.” Appellant did engage in additional criminal conduct. Presentmg himself as Ms brother (his alias) at his disposition hearing in the district court, Appellant swore to tell the truth but mstead affirmed a recount of the crime that named his brother,…