Naraghi

MEMORANDUM **

Toradj Naraghi appeals his 240-month sentence, imposed following a guilty-plea conviction for possession with intent to distribute methamphetamine and heroin in violation of 21 U.S.C. § 841 (a)(1), as enhanced by a prior felony drug conviction under 21 U.S.C. § 851 . As Naraghi’s plea agreement and waiver of appellate rights are valid, we dismiss the appeal.

Naraghi attempts to invalidate the waiver of appeal by claiming a breach of the plea agreement. Under de novo review, see United States v. Quack, 302 F.3d 1096, 1100 (9th Cir.2002), we find no violation of the plea agreement.

The Government did not breach the plea agreement by refusing to move for a “substantial assistance” downward departure pursuant to U.S.S.G. § 5K1.1, because the plea agreement left this determination to the Government’s discretion, and because we find no arbitrary, unconstitutional, or bad faith motive on the part of the Government. See United States v. Leonti, 326 F.3d 1111, 1119 (9th Cir.2003).

The remainder of Naraghi’s arguments regarding breach of the plea agreement are based on his interpretation of its terms. Plea agreements are contractual in nature and therefore measured by…