Davis

MEMORANDUM **

Trent Davis appeals the 235-month sentence imposed following his guilty plea conviction for conspiracy to distribute cocaine base and possession with intent to *972 distribute phencyclidine, all in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We reject Davis’ contention that the district court erred under Federal Rule of Criminal Procedure 32 by failing to resolve a disputed drug amount, because the district court stated that the base offense level it applied was supported by the drug amount stipulated in the plea agreement. See Fed.R.Crim.P. 32(i)(3)(B) (requiring a district court to address disputed portions of the presentence report at sentencing).

We also conclude that the government did not breach the plea agreement, because the government did not recommend a leadership enhancement and did not argue for the use of a drug amount larger than that stipulated to by the parties. See United States v. Caperell, 938 F.2d 975, 979-80 (9th Cir.1991).

Because appellant was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have…