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U.S. v. QUACH

No. 01-10532.

302 F.3d 1096 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Truong Quang QUACH, Defendant Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2002.

Attorney(s) appearing for the Case

Julie Elizabeth Mumma, Sacramento, California, for the defendant-appellant.

Kenneth J. Melikian and R. Steven Lapham, Assistant United States Attorneys, Sacramento, California, for the plaintiff-appellee.

Before FISHER and PAEZ, Circuit Judges, and WHELAN, District Judge.

OPINION

PAEZ, Circuit Judge.

Defendant Truong Quang Quach ("Defendant") appeals his 30-month sentence for misprision of felony, which the district court imposed after he pled guilty pursuant to a written plea agreement. Defendant asserts that the government breached the plea agreement at the sentencing hearing (1) by making a statement in violation of its obligation to recommend sentencing at the low end of the applicable United States Sentencing Guidelines...

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