United States v. Alfaro
United States v. Alfaro
Opinion of the Court
Jose Ricardo Alfaro appeals from a judgment sentencing him to 97 months in prison for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(b)(1)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand for re-sentencing.
Although the Government contends that Alfaro waived his right to appeal the sentence, the record demonstrates that the conditions of the appeal waiver were not met. See United States v. Sar-Avi 255 F.3d 1163, 1166 (9th Cir. 2001) (holding that the Government is to be held to the literal terms of the plea agreement).
Alfaro contends that re-sentencing is required because the district court failed
We vacate the sentence and remand for re-sentencing.
VACATED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Jose Ricardo ALFARO, aka Shy Boy
- Status
- Published