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U.S. v. CARDENAS

No. 03-10009.

405 F.3d 1046 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Martin CARDENAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2005.

Attorney(s) appearing for the Case

Christopher Johns, San Rafael, CA, for the defendant-appellant.

Amber Rosen, San Jose, CA, for the plaintiff-appellee.

Before: NOONAN, THOMAS, and FISHER, Circuit Judges.

NOONAN, Circuit Judge:

Martin Cardenas appeals the mandatory minimum sentence he received after pleading guilty to three counts of possessing heroin with intent to distribute, and one count of possessing heroin and cocaine with intent to distribute. Although he waived the right to appeal, he contends that the government breached the plea agreement and that his sentence is illegal because he was entitled to the safety valve codified at 18 U.S.C. § 3553(f). We...

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