United States v. Ahmad Khan

MEMORANDUM

Ahmad Khan (“Ahmad”) appeals from the 70-month sentence and Mumraiz Khan (“Mumraiz”) appeals from the 63-month sentence imposed following their guilty-plea convictions for unauthorized use of food stamps, in violation of 7 U.S.C. § 2024 (b), and engaging in a monetary transaction in criminally-derived property, in violation of 18 U.S.C. § 1957 . We have jurisdiction under 28 U.S.C. § 1291 , and in both appeals we vacate and remand.

The government contends that the appeals are barred by valid appeal waivers. We decline to enforce the appeal waivers because the sentences imposed were inconsistent with the terms of the parties’ plea agreements. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir.2007).

Mumraiz, joined by Ahmad, contends that the government breached his plea agreement by failing to recommend at sentencing the base offense level to which the parties stipulated in the plea agreement. The record reflects that the government failed to recommend sentences consistent with the terms of the parties plea agreements. Because this failure denied Mum-raiz and Ahmad the benefit of their bargain, and because sustaining the breach would impair the integrity and…