Unpublished Disposition, 878 F.2d 387 (9th Cir. 1989)Annotate this Case
UNITED STATES of America, Plaintiff-Appellee,v.Mary FIGUERA, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
Submitted June 21, 1989* .Decided June 23, 1989.
John P. Vukasin, Jr., District Judge, Presiding.
Before HUG, SCHROEDER and LEAVY, Circuit Judges.
Mary Figuera appeals her sentence, following a guilty plea, for conspiracy to distribute cocaine. Figuera contends her case should be remanded to a different judge because the government breached its plea agreement by failing to recommend a sentence of no more than two years at the sentencing hearing. We disagree.
When Figuera entered her plea, the government told the sentencing judge it had agreed to recommend a sentence of no more than two years. Therefore, the government fulfilled its promise to Figuera to recommend a sentence of not more than two years. See United States v. Travis, 735 F.2d 1129, 1132 (9th Cir. 1984).
Moreover, the sentencing record shows that the district court had read the probation report which repeated the agreement. Thus, at the time of sentencing, the court was aware of the agreement. Under United States v. Benchimol, 471 U.S. 453, 456 (1984) (per curiam), no separate oral statement by the government was required.