United States v. Alvarez

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Cir. 1993); see also United States v. * Pursuant to Local Rule 47.5, the court has determined t hat this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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