Lopez-Alvarez

United States v. Lopez-Alvarez

Good Law
64 F. App'x 634
United States Court of Appeals for the Ninth CircuitMay 8, 2003No. 02-10034; D.C. No. CR-01-00530-EHCCalifornia489 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Manuel Lopez-Alvarez (“Lopez”) appeals his twenty-seven month sentence following his guilty plea to being an alien in possession of a firearm in violation of 18 U.S.C. § 922 (g)(5). Lopez argues that the Government breached its plea agreement when it failed to make a good faith assessment of whether a substantial assistance motion pursuant to U.S.S.G. § 5K1.1 was merited at the time of -sentencing. Because Lopez validly waived his right to appeal his conviction and sentence, we dismiss.

DISCUSSION

The record shows that Lopez waived his right to appeal all matters so long as the district court imposed a sentence consistent with the plea agreement. Lopez does not claim that this appellate waiver was invalid; he makes no argument that the waiver was not knowing or voluntary or that the district court violated Fed. R.Crim.P. 11. Lopez also concedes that there is nothing in the plea agreement that bound the Government to file a substantial assistance motion. Further, there is no dispute that Lopez did not claim that the Government breached the plea agreement at the time of sentencing.

Lopez’ argument is a narrow one: whether the Government owed him a duty to…

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