U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Landreth

U.S. Court of Appeals for the Ninth Circuit · Decided July 1, 2009 · Paez, Smith, Tallman

328 F. App'x 440

Counsel

Gregory W. Staples, Esquire, Office of the U.S. Attorney, Santa Ana, CA, Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee., Elizabeth Newman, FPDCA — Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Opinion of the Court

MEMORANDUM **

Barry Howard Landreth appeals from his 72-month sentence imposed following his guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1343. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Landreth contends that the government breached the plea agreement. We conclude that there was no plain error. See United States v. Cannel, 517 F.3d 1172, 1175-77 (9th Cir. 2008); United States v. Allen, 434 F.3d 1166, 1175 (9th Cir. 2006); United States v. Maldonado, 215 F.3d 1046, 1051-52 (9th Cir. 2000).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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