U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Anthony Arcuria, Iii

U.S. Court of Appeals for the Ninth Circuit · Decided July 15, 2011 · Schroeder, Alarcón, Leavy

443 F. App'x 254

Counsel

Michael J. Raphael, Esquire, Assistant U.S., Justin Randall Rhoades, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, Joshua Robbins, Assistant U.S., AUSA-Office of U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee., Anthony Phillip Brooklier, Esquire, Marks & Brooklier, Los Angeles, CA, for Defendant-Appellant.

Opinion

MEMORANDUM **

Anthony Arcuria, III, appeals from the 180-day sentence imposed following his guilty plea conviction for conspiracy to manufacture and to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Arcuria contends that the government breached the plea agreement by arguing for a role enhancement that persuaded the court to impose a higher sentence. This contention lacks merit. The record reflects that the government fulfilled its obligation under the plea agreement not to recommend a leadership role enhancement. See United States v. Maldonado, 215 F.3d 1046, 1052 (9th Cir. 2000).

AFFIRMED.

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

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