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

United States v. Anthony Arcuria, Iii

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

United States v. Anthony Arcuria, Iii

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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