Kamekona

MEMORANDUM **

Harlan Bruce Kamekona appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his 108-month sentence for conspiracy to distribute over 100 grams of crystal methamphetamine. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review the denial of a § 2255 motion de novo, United States v. Chacon-Palomares, 208 F.3d 1157, 1158 (9th Cir.2000), and we affirm.

Kamekona contends that his guilty plea was unlawfully induced by the government’s unfulfilled promise to move for a downward departure pursuant to U.S.S.G. § 5K1.1. His claim is not supported by the record. Kamekona claims that he relied on a letter agreement between his brother and the government stating that any cooperation from the brother would be “credited” to Kamekona. Kamekona, however, agreed to withdraw his motion to compel downward departure during the sentencing hearing.

Accordingly, for the reasons discussed, Kamekona’s claim that the government breached his plea agreement by failing to move for a downward departure pursuant to U.S.S.G. § 5K1.1 also fails. Id.

Kamekona next contends that he was denied the right to appeal. This claim is also unpersuasive. During…