Summary
upholding the search of a vehicle incident to defendant's arrest for providing false information, i.e. giving a fake name to police, despite the fact that the defendant was already handcuffed, "because it was reasonable to believe the officers would find some identification or other indicia revealing the Defendant's true identity"
Summary of this case from United States v. LeivaOpinion
No. 14-30150
10-21-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HERNAN GOMEZ-GUTIERREZ, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 1:13-cr-00123-EJL MEMORANDUM Appeal from the United States District Court for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Before: SILVERMAN, BERZON, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Hernan Gomez-Gutierrez appeals from the district court's judgment and challenges the 180-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Gomez-Gutierrez argues for the first time on appeal that the government breached the plea agreement by implicitly arguing for a sentence greater than the one it had agreed to recommend. We review for plain error, United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1187 (9th Cir. 2013), and find none. Even assuming that the government's isolated and brief comments breached the plea agreement, Gomez-Gutierrez has not shown that there is a reasonable probability that he would have received a shorter sentence absent the government's alleged breach. See id. at 1187-90.
AFFIRMED.