Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Barbara J. Valliere, Esq., Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.
Karen L. Landau, Esq., Oakland, CA, Alan Ellis, Esq., Law Offices of Alan Ellis, San Rafael, CA, Darrick Jonathan Chavis, Brentwood, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of California, Claudia Wilken, District Judge, Presiding. D.C. No. CR-03-40218-CW.
Before: CANBY, BEEZER and KOZINSKI, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Darrick Jonathan Chavis appeals from the 60-month sentence imposed after his guilty plea conviction to mail fraud, in violation of 18 U.S.C. § 1341, and willfully subscribing to a false tax return, in violation of 26 U.S.C. § 7206(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Chavis contends that he is entitled to remand and resentencing because the United States breached its plea agreement to recommend a sentencing adjustment for acceptance of responsibility. Because Chavis received every benefit of the plea agreement, he has no viable claim. See United States v. Coleman, 208 F.3d 786, 792 (9th Cir.2000).
AFFIRMED.