IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20790
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO ANTONIO ALVAREZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-94-281-1
September 20, 1996
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
The government does not argue that the plea agreement signed by Julio Antonio Alvarez
waives his right to appeal his sentence. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Alvarez has failed to show that the government breached the plea agreement by relying on his
assertion that he was unwilling to testify without giving him an opportunity to refuse to testify in open
court. United States v. Garcia-Bonilla, 11 F.3d 45, 46-47 (5th Cir. 1993); see also United States v.
*
Pursuant to Local Rule 47.5, the court has determined t hat this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.
Laday, 56 F.3d 24, 25-26 (5th Cir. 1995). The government’s motion to supplement the record is
DENIED AS MOOT.
AFFIRMED.
2