United States v. Martin Cardenas

Martin Cardenas appeals the mandatory minimum sentence he received after pleading guilty to three counts of possessing heroin with intent to distribute, and one count of possessing heroin and cocaine with intent to distribute. Although he waived the right to appeal, he contends that the government breached the plea agreement and that his sentence is illegal because he was entitled to the safety valve codified at 18 U.S.C. § 3553 (f). We hold that there was no breach by the government and that the sentence was not illegal. We dismiss the appeal.

FACT AND PROCEEDINGS

During the month of September 1999, Cardenas on three occasions sold a total of 50 ounces of heroin for a total amount of $25,950. He was indicted November 24, 1999 and in June 2000 entered into a written plea agreement with the government admitting these acts as crimes in violation of 21 U.S.C. § 841 (a), subject to a mandatory minimum sentence of ten years imprisonment unless he qualified for the safety valve. As part of this agreement, he stated, “I also agree to waive any right I may have to appeal my sentence.” The government agreed “to recommend the Guidelines calculations set out above [showing an adjusted…