Unpublished Disposition, 887 F.2d 1090 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 887 F.2d 1090 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Chester OLIVER, Defendant-Appellant.

No. 88-1468.

United States Court of Appeals, Ninth Circuit.

Submitted July 25, 1989.* Decided Oct. 2, 1989.

Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.


The district court found that the use by the FBI Agent of the words "uncooperative" and "deceitful" in responding to inquiries by the probation officer did not violate the government's plea agreement to make no recommendation to the court as to an appropriate sentence, but simply reflected information evident from the file that the government was obligated by the agreement to provide the court. The court's finding is "reasonable and is not clearly erroneous." United States v. Brooklier, 685 F.2d 1208, 1215 (9th Cir. 1982); see United States v. Helmandollar, 852 F.2d 498, 501 (9th Cir. 1988). Since appellant's motion to withdraw his plea was based entirely upon the alleged violation of the plea agreement, denial of the motion was not an abuse of discretion. See United States v. Read, 778 F.2d 1437, 1440 (9th Cir. 1985).


The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)


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