Tang

MEMORANDUM **

Mamie Tang (“Tang”) waived her right to appeal in a written plea agreement. Because the Government did not breach the plea agreement, Tang cannot appeal her sentence. Cf. United States v. Gonzalez, 16 F.3d 985, 990 (9th Cir.1993) (defendant released from waiver of right to appeal by government’s breach of plea agreement).

The district court’s factual finding that there was no agreement between the Government and Tang that Tang be sentenced after her co-conspirator was not clearly erroneous. See United States v. Elliott, 322 F.3d 710, 714 (9th Cir.2003) (under the “significantly deferential” clear error standard, we may reverse only if left with the “definite and firm conviction that a mistake has been committed.”) (internal quotations and citations omitted).

Similarly, the Government did not breach the plea agreement when it opposed a downward adjustment for acceptance of responsibility. The Government agreed, based on the information available to it at the time, not to oppose the adjustment for Tang’s acceptance of responsibility. This agreement became inapplicable when the Government learned new, material information about Tang’s failure to accept…