No. 21-30055.

60 F.4th 534 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo FARIAS-CONTRERAS, aka Tomas Gomez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2023.

Attorney(s) appearing for the Case

Stephen R. Hormel (argued), Hormel Law Office LLC, Spokane Valley, Washington, for Defendant-Appellant.

Caitlin A. Baunsgard (argued) and Brian M. Donovan , Assistant United States Attorneys; James A. Goeke ; Vanessa R. Waldref , United States Attorney; Department of Justice United States Attorney's Office, Spokane, Washington; for Plaintiff-Appellee.

Dissent by Judge Bennett.


Gerardo Farias-Contreras appeals his 188-month sentence imposed after he pleaded guilty to a one-count indictment for violation of 21 U.S.C. §§ 841 and 846 pursuant to a plea agreement. He contends that the U.S. Attorney implicitly breached the plea agreement by providing the court, both in its...

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