FILED NOT FOR PUBLICATION APR 16 2013

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-30163

Plaintiff - Appellee, D.C. No. 1:11-CR-00262-EJL-1

v. MEMORANDUM * ANDRES MARCOS TREJO,

Defendant - Appellant.

Appeal from the United States District Court for the district of Idaho, Boise Edward J. Lodge, District Judge, Presiding

Submitted April 9, 2013 ** Seattle, Washington

Before: D.W. NELSON, TASHIMA and CALLAHAN, Circuit Judges.

Trejo appeals his 46-month sentence for one count of distribution of

methamphetamine. This appeal does not fall within an exception to the appellate

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). wavier contained in Trejo’s guilty plea. Moreover, the government did not breach

the plea agreement. Accordingly, we dismiss this appeal.

DISMISSED.

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