Kroenke

MEMORANDUM **

Jonathan Arthur Kroenke appeals from the 16-month sentence imposed following his guilty-plea conviction for possession of stolen firearms, in violation of 18 U.S.C. § 922 (j). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the sentence and remand for resentencing.

Kroenke contends that the sentence must be vacated because the Government breached the plea agreement. The Government breached the plea agreement when it failed to recommend a sentence at the low end of the Guidelines range and instead made arguments to the district court concerning Kroenke’s criminal history. See United States v. Myers, 32 F.3d 411, 413 (9th Cir.1994). However, from an independent review of the record, we conclude that the breach did not affect Kroenke’s substantial rights because the district court exercised independent judgment in imposing the sentence. Therefore, there was no plain error requiring reversal. See United States v. Olano, 507 U.S. 725, 734-35 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). In the future, we expect the Government to honor its agreements.

Kroenke also contends that it was plain error for the district court to impose certain special conditions…