U.S. v. FRANCO-LOPEZ

No. 00-50422.

312 F.3d 984 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Raul FRANCO-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2002.


Attorney(s) appearing for the Case

James B. Rudolph, David Songco, San Diego, CA, for the defendant-appellant.

Renée M. Bunker, Assistant United States Attorney, and Jill L. Burkhardt, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee.

Before WARDLAW and BERZON, Circuit Judges, and ISHII, District Judge.


OPINION

BERZON, Circuit Judge.

Pursuant to a plea agreement, Raul Gilberto Franco-Lopez pled guilty to the crime of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. He contends that the government violated the plea agreement and that he is entitled to specific performance of that agreement.

We hold that the government indeed breached...

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