Espinoza-Robledo

MEMORANDUM **

Soila Espinoza-Robledo pleaded guilty to making a false claim of United States citizenship in violation of 18 U.S.C. § 911 . She argues that the Government violated her plea agreement by not recommending a low-end guideline sentence “in a timély, good-faith manner during the sentencing hearing.” We reject that argument and, because we conclude that no breach occurred, we enforce the plea agreement’s waiver of appeal and we dismiss the appeal.

DISCUSSION

We may review Espinoza’s claim of an alleged breach of the plea agreement notwithstanding her appeal waiver. See United States v. Baramdyka, 95 F.3d 840, 843 (9th Cir.1996). Nonetheless, because she failed to raise the issue to the district court, our review is limited to plain error. See United States v. Maldonado, 215 F.3d 1046 , 1051 n. 5 (9th Cir.2000). We conclude that no plain error occurred. Rather, the record indicates that the Government fulfilled its obligation by making both written and oral recommendations that Espinoza be sentenced to the low end of the applicable guideline range.

Espinoza nonetheless contends that the Government’s oral recommendation was not made in a “timely manner” and was a…