United States v. Isidro Hernandez ( 2013 )

FILED
NOT FOR PUBLICATION NOV 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50575
Plaintiff - Appellee, D.C. No. 8:12-cr-00165-SVW-1
v.
ISIDRO MARIN HERNANDEZ, AKA MEMORANDUM*
Jose Ines Marin Jimenez,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California, Santa Ana
Stephen V. Wilson, District Judge, Presiding
Argued and submitted November 6, 2013
Pasadena, California
Before: FISHER and CLIFTON, Circuit Judges, and SINGLETON, District
Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable James K. Singleton, Senior United States District
Judge for the District of Alaska, sitting by designation.
1
Any alleged breach of the terms of the plea agreement by the government
did not amount to plain error because there is no basis to conclude that the sentence
imposed by the district court was affected by the prosecution’s comments in its
sentencing memorandum. See United States v. Gonzalez-Aguilar, 718 F.3d 1185,
1188-90 (9th Cir. 2013). In addition, the district court offered sufficiently clear
and individualized reasons for rejecting the plea agreement. See In re Morgan, 506
F.3d 705, 711-12 (9th Cir. 2007).
AFFIRMED.
2