Looking

MEMORANDUM **

Dick Lee Calf Looking appeals his conviction and 21-month sentence imposed after his guilty plea to involuntary manslaughter, in violation of 18 U.S.C. §§ 1112 ,1153(a). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

Looking argues that the district court plainly erred when it failed to advise him under Fed.R.Crim.P. 11(e)(2) 1 that he could not withdraw his guilty plea even if the court did not accept the recommendation set forth in the plea agreement. The government concedes this was plain error that affected Looking’s substantial rights, and we agree. See United States v. Dominguez Benitez, 310 F.3d 1221, 1227 (9th Cir.2002) (reversing and remanding because of the district court’s failure to inform the defendant that he could not withdraw his guilty plea if the court did not accept the sentencing recommendation set forth in the plea agreement). Accordingly, we reverse Looking’s conviction.

Looking next contends that the government breached the plea agreement when it recommended a sentence at the high end of the sentencing range, where the plea agreement specified that the government would recommend a low-end sentence. We agree with…