United States v. Martin Yearwood

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin YEARWOOD, Defendant-Appellant. No. 95-50318. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1996. * Decided June 13, 1996. Before: FARRIS, FERNANDEZ and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Martin Yearwood entered into a plea agreement under which he waived his right to appeal and pled guilty to conspiracy to possess with intent to distribute more than five ounces of cocaine in violation of 21 U.S.C. § 846 . In this appeal, he contends (1) his appeal waiver was ineffective because the government breached the plea agreement and (2) the district court erred in holding Yearwood did not qualify under the "safety valve" provisions of the Sentencing Guidelines for a sentence less than the statutory minimum for his crime. We find Yearwood's waiver valid and dismiss his appeal. 3 We review an alleged breach of a plea agreement de novo.…