United States v. Zachary Baca , 439 F. App'x 635 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50181
Plaintiff - Appellee, D.C. No. 5:08-cr-00180-VAP
v.
MEMORANDUM *
ZACHARY JAMES BACA, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Zachary James Baca, Jr., appeals from the 156-month sentence imposed
following his guilty plea conviction for possession with intent to distribute a
controlled substance, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). We
have jurisdiction under 28 U.S.C. § 1291, and we dismiss.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Baca pleaded guilty pursuant to a written agreement that included an appeal
waiver. He contends that the government breached the agreement by making
arguments in its sentencing memorandum that were designed to influence the court
to impose a higher sentence then what was called for in the agreement. This
contention lacks merit. The record reflects that the government fulfilled its
obligation to recommend a 151-month sentence, and the information set forth in its
sentencing memorandum did not constitute a breach of the plea agreement. See
United States v. Maldonado, 215 F.3d 1046, 1051-52 (9th Cir. 2000).
Because the 151-month sentence was within the parameters of the appeal
waiver, and the waiver was knowingly and voluntarily made, we dismiss the
appeal. See United States v. Watson, 582 F.3d 974, 986 (9th Cir. 2009).
DISMISSED.
2 09-50181