894 F. 2d 1344 - United States v. E Merki
894 F2d 1344 United States v. E Merki
894 F.2d 1344
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert E. MERKI, Defendant-Appellant.
No. 88-4371.
United States Court of Appeals, Ninth Circuit.
Submitted Aug. 22, 1989.*
Decided Jan. 26, 1990.
Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.
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MEMORANDUM**
Defendant's plea agreement with the Government is valid and was not a "bribe" in violation of 18 U.S.C. Sec. 201. See Bordenkircher v. Hayes, 434 U.S. 357, 361-62 (1978). The plea agreement was not an attempt to influence the substance of the defendant's testimony, and expressly required him to tell the "truth, the whole truth, and nothing but the truth."
The Parole Commission's failure to assign defendant an earlier release date was not a breach of the plea agreement. The Government fulfilled its portion of the agreement by notifying the Commission of defendant's cooperation and the results thereof.
Finally, the district court did not abuse its discretion in refusing to reduce defendant's sentence. The fact that defendant received a longer sentence than some of his co-defendants is explained by his prior record of criminal activity.
AFFIRMED.