U.S. v. Serna

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Albert SERNA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 16, 2002

47 F. App'x 817 (9th Cir. 2002)

Opinion

47 Fed.Appx. 817 (9th Cir. 2002) UNITED STATES of America, Plaintiff-Appellee, v. Albert SERNA, Defendant-Appellant. No. 00-10577. D.C. No. CR-00-029-PHX-SMM. United States Court of Appeals, Ninth Circuit. September 16, 2002

Submitted September 9, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, Stephen M. McNamee, District Judge, Presiding.

Before PREGERSON, ALARCON, and WARDLAW, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Albert Serna contends that the government breached his plea agreement by failing to recommend a substantial assistance departure under U.S. S.G. § 5K1.1. Serna failed to raise this issue below, however, and therefore waived it. See United States v. Belden, 957 F.2d 671, 674-75 (9th Cir.1992); United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991).

AFFIRMED.