Adwan

MEMORANDUM *

Ihsan Adwan appeals from his conviction pursuant to a plea agreement and from his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*618 Adwan first argues that terms of the plea agreement did not permit the government to withdraw the § 5K1.1 motion for a downward departure. However, the plea agreement itself specifically provided that if Adwan failed to perform any of his obligations, the government would be “relieved of all its obligations under the agreement” (emphasis added). In particular, the government would “no longer be bound by any agreements concerning sentencing.” Therefore, the government had the power to withdraw the § 5K1.1 motion if there was a breach of the plea agreement.

The plea agreement provided that Ad-wan agreed “[n]ot to commit any crime.” Because there was strong evidence from a local detective that Adwan committed the crime of coordinating an illegal drug exchange, the district court properly vacated its prior order granting the government’s § 5K1.1 motion for downward departure.

Adwan also argues that, even if he breached the plea agreement, the breach was not material. However, the commission of a crime while…