Rabago-Hernandez

MEMORANDUM *

Appellant Carlos Rabago-Hemandez appeals Ms 12-month sentence for violation of supervised release to be served consecutively to a 21-month sentence for Ms illegal reentry conviction. Rabago argues that the government breached the plea agreement, and that the district court erred by not referring to the transcript from the prior sentencing hearmg. Because the parties are familiar with the facts, we do not recite them unless necessary. We affirm.

Rabago unsuccessfully relies on United States v. Camarillo-Tello, 236 F.3d 1024 (9th Cir.2001), to argue that the government breached its plea agreement. There, the government promised to recommend a four-level downward departure and then at the sentencing hearing orally endorsed a two-level departure. We held tMs change of heart amounted to a breach. Id. at 1027 . Here, no change in position occurred. The government recommended concurrent sentencmg through the written plea agreement and did not alter that position. The record demonstrates that the district court was aware of the recommendation.

Rabago also argues that the government breached the plea agreement by not submitting a sentencing memorandum with the reasons for…