United States v. Raul Franco-Lopez

312 F.3d 984 UNITED STATES of America, Plaintiff-Appellee, v. Raul FRANCO-LOPEZ, Defendant-Appellant. No. 00-50422. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 2002. Filed November 27, 2002. James B. Rudolph, David Songco, San Diego, CA, for the defendant-appellant. Renée M. Bunker, Assistant United States Attorney, and Jill L. Burkhardt, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Southern District of California; William B. Enright, District Judge, Presiding. D.C. No. CR-99-03093-WBE. Before WARDLAW and BERZON, Circuit Judges, and ISHII, * District Judge. OPINION BERZON, Circuit Judge. 1 Pursuant to a plea agreement, Raul Gilberto Franco-Lopez pled guilty to the crime of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . He contends that the government violated the plea agreement and that he is entitled to specific performance of that agreement. 2 We hold that the government indeed breached the plea agreement, but that the appropriate remedy for that…