United States of America, Plaintiff-appellee, v. Carlos Bulla-henao, Defendant-appellant, 48 F.3d 1229 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 48 F.3d 1229 (9th Cir. 1995) Submitted Feb. 21, 1995. *Decided Feb. 28, 1995

Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges.

MEMORANDUM** 

Carlos Bulla-Henao appeals his sentence under the Sentencing Guidelines for his guilty plea conviction of possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a) (1). Bulla-Henao contends the government breached the plea agreement by not recommending a downward departure for Bulla-Henao under U.S.S.G. Sec. 2D1.1, Application Note 16, for having a base offense level that overrepresents the defendant's culpability in the criminal activity.

Because Bulla-Henao "failed to raise the breach of the plea agreement in district court, we will not consider his claims of breach for the first time on appeal. Consequently, his waiver of the right to appeal is enforceable." United States v. Robertson, 40 F.3d 1046, 1049 (9th Cir. 1994). Bulla-Henao's appeal from the judgment of the district court is

DISMISSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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