Perez

MEMORANDUM **

Manuel Haro Perez appeals his 87-month sentence imposed following a guilty plea conviction for conspiracy to knowingly and intentionally receive, possess, store and sell stolen firearms, in violation of 18 U.S.C. § 371 , and for knowingly possessing, concealing and storing stolen firearms, in violation of 18 U.S.C. § 922 (j). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm in part and vacate and remand in part.

*577 Perez contends that the government breached the plea agreement by failing to recommend a sentence at the low end of the applicable guideline range. Although the government correctly points out that Perez failed to raise his breach claim before the district court, this claim is, nonetheless, renewable for the first time on appeal where plain error exists. 1 See United States v. Maldonado, 215 F.Sd 1046, 1051 (9th Cir.2000), cert denied, 531 U.S. 1172 , 121 S.Ct. 1141 , 148 L.Ed.2d 1004 (2001).

The government, here, concedes that it failed to recommend sentencing at the low end of the guideline range after the district court calculated an offense level two levels lower than that advocated by the government. Because the…