United States v. Joseph Parisien

MEMORANDUM

Joseph Parisién pleaded guilty by plea agreement to distribution of methamphetamine, distribution of crack cocaine, and conspiracy to possess with the intent to distribute crack cocaine and methamphetamine. The district court applied the career offender enhancement and sentenced Parisién to 162 months in prison. Parisién now appeals his sentence, arguing that because he entered into the plea agreement unaware that the career offender enhancement could apply to him, he is entitled to specific performance of the plea agreement according to the original intention of the parties to eliminate a recidivist penalty.

We review the district court’s denial of a motion to compel specific performance of a plea agreement for abuse of discretion. United States v. Anthony, 93 F.3d 614, 616 (9th Cir.1996). We review the due process claim de novo. United States v. Morris, 633 F.3d 885, 888 (9th Cir.2011) (per curiam). On those standards, we affirm the district court.

The district court neither abused its discretion nor deprived Parisién of due process by denying his request for specific performance of the plea agreement. The district court is not a party to the plea agreement and is…