Tang

MEMORANDUM **

As we previously held, and now reaffirm, 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).

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). Similarly, the Government did not breach the plea agreement when it opposed a downward adjustment for acceptance of responsibility because the Government learned new, material information about Tang’s failure to accept responsibility. See United States v. De la Fuente, 8 F.3d 1333, 1337 (9th Cir.1993).

Additionally, the Government’s use of statements at sentencing that Tang made while cooperating with the Government did not breach the plea agreement because Tang introduced the statements into evidence herself. See United States v. Williams, 939 F.2d 721, 723-25 (9th Cir.1991). Even if there were a breach, the district court did not err in calculating the amount of…