FILED
NOT FOR PUBLICATION JUL 15 2011
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. 10-50621
Plaintiff - Appellee, D.C. No. 2:09-cr-01320-SJO
v.
MEMORANDUM *
ANTHONY ARCURIA, III, a.k.a.
Anthony Acuria,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Anthony Arcuria, III, appeals from the 180-day sentence imposed following
his guilty plea conviction for conspiracy to manufacture and to possess with intent
to distribute marijuana, in violation of 21 U.S.C. § 846. We have jurisdiction
*
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).
under 28 U.S.C. § 1291, and we affirm.
Arcuria contends that the government breached the plea agreement by
arguing for a role enhancement that persuaded the court to impose a higher
sentence. This contention lacks merit. The record reflects that the government
fulfilled its obligation under the plea agreement not to recommend a leadership role
enhancement. See United States v. Maldonado, 215 F.3d 1046, 1052 (9th Cir.
2000).
AFFIRMED.
2 10-50621