USA V. HERNAN GOMEZ-GUTIERREZ, No. 14-30150 (9th Cir. 2015)

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FILED OCT 21 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-30150 D.C. No. 1:13-cr-00123-EJL v. MEMORANDUM* HERNAN GOMEZ-GUTIERREZ, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Submitted October 14, 2015** Before: SILVERMAN, BERZON, and WATFORD, Circuit Judges. Hernan Gomez-Gutierrez appeals from the district court’s judgment and challenges the 180-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. * 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). §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Gomez-Gutierrez argues for the first time on appeal that the government breached the plea agreement by implicitly arguing for a sentence greater than the one it had agreed to recommend. We review for plain error, United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1187 (9th Cir. 2013), and find none. Even assuming that the government’s isolated and brief comments breached the plea agreement, Gomez-Gutierrez has not shown that there is a reasonable probability that he would have received a shorter sentence absent the government’s alleged breach. See id. at 1187-90. AFFIRMED. 2 14-30150

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