United States v. Rogers

MEMORANDUM **

Any error in failing to “verify that the defendant and the defendant’s attorney *112 have read and discussed the presentence report,” Fed.R.CrimP. 32(i)(l)(A), was harmless. See United States v. Soltero, 510 F.3d 858, 862-63 (9th Cir.2007). Rogers disputed only one aspect of the presen-tence report, namely, its conclusion that Rogers’s previous conviction for possession of a sawed-off shotgun qualified as a crime of violence. Rogers suffered no prejudice from this conclusion, however, because the government requested, and the district court granted, a sentence supported by the plea agreement, as reduced three levels for Rogers’s substantial assistance.

The government did not breach the plea agreement. The presentence report computed a higher base offense level (24) than the level stipulated to in the plea agreement (20). It is true that at sentencing, the government stated that the PSR (rather than plea agreement) correctly computed the base offense level. However, the government abided by the plea agreement by recommending a sentence consistent with the stipulated base offense level of 20. Moreover, Rogers’s counsel did not object to any of this. This is simply…