United States v. Frank Fernandez

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank FERNANDEZ, Defendant-Appellant. No. 95-10058. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1996. Decided July 10, 1996. 1 Before: SCHROEDER, HAWKINS, Circuit Judges, and FITZGERALD, * District Judge. 2 MEMORANDUM ** 3 Frank Fernandez appeals his guilty plea conviction and sentence imposed under the Sentencing Guidelines for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 . Fernandez contends that the government breached his plea agreement by requesting a 210 month sentence after implying to seek no more than the 120 month mandatory minimum. The notice of appeal was timely filed and we have jurisdiction under 28 U.S.C. § 1291 . 4 Fernandez raises the alleged breach of his plea agreement for the first time on appeal. At his change of plea hearing Fernandez was repeatedly asked by the…