Alvarado

United States v. Alvarado

Good Law
291 F. App'x 844
United States Court of Appeals for the Ninth CircuitSeptember 4, 2008No. 07-50075California383 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Luis Martinez Alvarado appeals from the 33-month sentence imposed fol *846 lowing his guilty-plea conviction for bringing in illegal aliens without presentation, and aiding and abetting, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez Alvarado contends that the government breached his plea agreement by failing to state any of the reasons for its recommended sentence at his sentencing hearing. We review for plain error because Martinez Alvarado failed to raise this contention in district court. See United States v. Maldonado, 215 F.3d 1046, 1051 (9th Cir.2000). Because the government was not obligated to state its reasons at sentencing, it did not breach the plea agreement, and moreover, Martinez Alvarado has not demonstrated how any error affected his substantial rights. See id. at 1051-52 .

Martinez Alvarado also contends that the district court misinterpreted the Guidelines and clearly erred by refusing to grant a minor role adjustment pursuant to U.S.S.G. § 3B1.2(b). We conclude that the district court properly evaluated Martinez Alvarado’s relative culpability,…

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