Farfan-Martinez
United States v. Farfan-Martinez
Opinion
lead Opinion
MEMORANDUM **
Appellant Rufino Farfan-Martinez (“Appellant”) appeals the district court’s imposition of a twelve month sentence following his guilty plea to a one-count information charging him with violating 8 U.S.C. § 1324 (a)(l)(A)(i) and (v)(II). Appellant raises three issues: 1) whether the Government breached its plea agreement with Appellant, 2) whether the district court improperly considered uncharged and unadjudicated matters as “relevant conduct” under Section 1B1.3 of the United States Sentencing Guidelines (“U.S.S.G.”), and 3) whether the recent Supreme Court decision in Rita v. United States, — U.S. -, 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007), requires reversal of Appellant’s sentence. The facts and procedural posture are known to the parties and are not repeated here.
Appellant first argues that reversal and remand to a different sentencing judge is necessary because the Government breached its promise in the plea agreement to recommend a sentence of six months by contradicting that recommendation. Even under a de novo standard of review, it is clear that the Government did not breach its agreement as to the recommended sentence.