Vasquez-Mejia
United States v. Vasquez-Mejia
Opinion
Lead Opinion
MEMORANDUM *
Alfredo Vasquez-Mejia (Vasquez) appeals his sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and we affirm.
The district court’s interpretation of the United States Sentencing Guidelines is reviewed de novo. United, States v. Smith, 330 F.3d 1209, 1212 (9th Cir.2003). Whether a particular factor is a permissible basis for departure is reviewed de novo. United States v. Malley, 307 F.3d 1032, 1034 (9th Cir.2002).
The government offered Vasquez a “fast track” plea agreement carrying a 30 month sentence. Vasquez, while represented by the Office of the Federal Public Defender (OFPD), rejected the plea agreement.
Vasquez claims he rejected the plea agreement because David P. Schwartz (Schwartz), an un-retained attorney, advised Vasquez that Schwartz could get a better offer. After rejecting the “fast track” plea proposal, Vasquez was indicted and pleaded guilty.
The pre-sentence report calculated a 46 month minimum sentence. Vasquez sought a downward departure to align his sentence with the proposed “fast track” plea agreement. Vasquez argued that “bad advice” from Schwartz caused Vasquez to reject the…