United States v. Julieo Alberto Gutierrez

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julieo ALBERTO GUTIERREZ, Defendant-Appellant. No. 96-50149. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Julieo Alberto Gutierrez appeals his 21-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and affirm. 3 Gutierrez contends that the government breached the plea agreement by not moving to dismiss Count Two of the revocation petition. Gutierrez did not present this contention in the district court. 4 "Issues not presented to the trial court cannot generally be raised for the first time on appeal." United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991). "[A]n alleged breach of the plea agreement is precisely the type of claim that a district court is best…