FILED NOT FOR PUBLICATION NOV 21 2013

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50575

Plaintiff - Appellee, D.C. No. 8:12-cr-00165-SVW-1

v.

ISIDRO MARIN HERNANDEZ, AKA MEMORANDUM* Jose Ines Marin Jimenez,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California, Santa Ana Stephen V. Wilson, District Judge, Presiding

Argued and submitted November 6, 2013 Pasadena, California

Before: FISHER and CLIFTON, Circuit Judges, and SINGLETON, District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James K. Singleton, Senior United States District Judge for the District of Alaska, sitting by designation. 1 Any alleged breach of the terms of the plea agreement by the government

did not amount to plain error because there is no basis to conclude that the sentence

imposed by the district court was affected by the prosecution’s comments in its

sentencing memorandum. See United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1188-90 (9th Cir. 2013). In addition, the district court offered sufficiently clear

and individualized reasons for rejecting the plea agreement. See In re Morgan, 506 F.3d 705, 711-12 (9th Cir. 2007).

AFFIRMED.

2