United States of America v. Jasmin Johnston

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JASMIN JOHNSTON,
Defendant - Appellant.
No. 11-10450
D.C. No. 2:07-cr-00056-LKK
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jasmin Johnston appeals from the 24-month sentence imposed following the
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
MAR 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10450 2
Johnston contends that the district court’s revocation sentence exceeded the
term that she reasonably believed was permissible under the plea agreement. This
contention lacks merit as the plea agreement accurately summarized the district
court’s sentencing authority for violations of supervised release. See 18 U.S.C.
§ 3583(e)(3); United States v. Knight, 580 F.3d 933, 937-38 (9th Cir. 2009); see
also United States v. Waknine, 543 F.3d 546, 551 (9th Cir. 2008) (“To decide
whether a plea agreement has been breached, this court considers what the
defendant reasonably understood when he pled guilty.”)
AFFIRMED.

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