Reyes-Gamez

MEMORANDUM **

Noe Reyes-Gamez appeals his conviction and sentence following a guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). We affirm.

I

Reyes-Gamez argues that the court’s authority under Fed.R.Crim.P. 11(e)(2) to reject a plea agreement cannot be used to relieve the government from its failure to provide for foreseeable changes in sentencing guidelines. However, Reyes-Gamez accepted the plea agreement, which stipulated to a four-level downward departure from a base offense level of 24 among other things, and entered a plea of guilty based on its terms. The district court accepted the plea, but reserved ruling on the agreement until sentencing. When the guideline range changed, the government offered Reyes-Gamez a new agreement, but he declined to accept it because the new agreement did not also include a four-level downward departure. The district court properly exercised its discretion in rejecting the plea agreement because Reyes-Gamez’s base offense level was 16 and not 24 under the guideline revisions applicable at the time of sentencing. U.S.S.G. § 2L1.2(b)(1)(C); see also Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495 ,…