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U.S. v. GONZALEZ-AGUILAR

No. 12-50048.

718 F.3d 1185 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Ubaldo GONZALEZ-AGUILAR, aka Roberto Sanchez Aguilar, aka Arturo Diaz, aka Arturo Cruz Garcia, aka Waldo Gonzalez, aka Wbaldo Gonzalez, aka Jorge Padilla Rodriguez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2013.

Attorney(s) appearing for the Case

Michael Dore (argued), Curtis A. Kin, Esquire , Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Matthew Brady Larsen (argued), Deputy Federal Public Defender, Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.

Before: MARSHA S. BERZON, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

Ubaldo Gonzalez-Aguilar pled guilty to one count of being a previously deported alien found in the United States, in violation of 8 U.S.C. § 1326, and was sentenced to 57 months of imprisonment. On appeal, Gonzalez-Aguilar claims that the government implicitly breached its plea agreement by arguing in its sentencing memorandum that Gonzalez-Aguilar was a recidivist with an extensive criminal history. Gonzalez-Aguilar...

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