United States of America v. Ronda Renee Bird

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NOT FOR PUBLICATION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.
RONDA RENEE BIRD,
Defendant - Appellant.
No. 11-30198
D.C. No. 4:10-cr-00102-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Ronda Renee Bird appeals from the 37-month sentence imposed following
her guilty-plea conviction for involuntary manslaughter, in violation of 18 U.S.C.
§§ 1153(a) and 1112(a). We have jurisdiction under 28 U.S.C. § 1291, and we
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30198 2
affirm.
Bird contends that the government breached the plea agreement by failing to
move for a third point for acceptance of responsibility under U.S.S.G. § 3E1.1(b).
Under the terms of the plea agreement, the government was not obligated to move
for the third point if Bird acted in any way that was inconsistent with acceptance of
responsibility. The record reflects that the government had an adequate basis to
decline to move for the third point. Accordingly, it did not breach the plea
agreement. See United States v. Cannel, 517 F.3d 1172, 1177 (9th Cir. 2008)
("Because the government was obligated to move for the reduction only if [the
defendant] met the specified conditions, and because there is no suggestion that it
acted based on unconstitutional or arbitrary motives, the government did not
breach the plea agreement by not recommending an adjustment for acceptance of
responsibility.") (footnote omitted).
AFFIRMED.

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