Salome-Uriaga

United States v. Salome-Uriaga

Good Law
318 F. App'x 466
United States Court of Appeals for the Ninth CircuitNovember 3, 2008No. 07-30210California340 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Salome-Uriaga appeals from the 97-month sentence imposed following his guilty-plea conviction for conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Salome-Uriaga contends that the district court erred in denying his motion to strike the government’s sentencing memorandum. He asserts that the government breached the plea agreement by introducing evidence that was beyond the scope of the information that the agreement set forth as the factual basis for his *468 guilty plea. We reject this contention because the district court properly found that the plea agreement did not restrict the government from introducing additional facts at sentencing. See United States v. Transfiguracion, 442 F.3d 1222, 1227 (9th Cir.2006). In addition, these facts did not impact Salome-Uriaga’s base offense level and the sentence requested by the government was within the guidelines range stipulated to in the plea agreement. See United States v. Franco-Lopez, 312 F.3d 984, 992-93 (9th Cir.2002).

Salome-Uriaga also contends that the district court was required…

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