Roberson

MEMORANDUM **

Phyllis Roberson appeals her 33-month sentence imposed following a guilty plea to one count of making a false statement in a loan application, in violation of 18 U.S.C. § 1014 . Roberson contends that the waiver of appeal set forth in the plea agreement is invalid because the government breached the plea agreement by: (1) failing to argue for a downward adjustment for acceptance of responsibility; and (2) arguing that dismissed counts and uncharged conduct should be the basis for an upward adjustment.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and will review a breach claim for the first time on appeal for the limited purpose of determining whether a defendant should be released from her waiver of appeal. United States v. Gonzalez, 16 F.3d 985, 990 (9th Cir.1993).

Regardless of whether we review de novo or for clear error, United States v. Mondragon, 228 F.3d 978, 980 (9th Cir. 2000) (listing cases that apply both the de novo and clear error standards of review for breach of a plea agreement), we conclude the government did not breach the plea agreement. The record here shows that Roberson denied portions of the factual basis of her plea, and failed to…