United States of America v. Hernan Gomez-Gutierrez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HERNAN GOMEZ-GUTIERREZ,
Defendant - Appellant.
No. 14-30150
D.C. No. 1:13-cr-00123-EJL
MEMORANDUM*
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.
FILED
OCT 21 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§§ 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.
14-30150 2

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