United States of America v. JOSEPH A. McDANIELS

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH A. McDANIELS,
Defendant - Appellant.
No. 13-30026
D.C. No. 2:12-cr-00185-JLR
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Joseph A. McDaniels appeals from the district court’s judgment and
challenges the 113-month prison sentence and three-year term of supervised
release imposed following his guilty-plea conviction for interstate transportation
FILED
DEC 30 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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for prostitution, in violation of 18 U.S.C. § 2421. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
McDaniels contends the government breached the plea agreement by
advocating for a three-year term of supervised release in addition to the agreed-
upon term of imprisonment. We review de novo whether the government breached
the plea agreement, see United States v. Whitney, 673 F.3d 965, 970 (9th Cir.
2012), and determine that it did not. The government performed its obligation
under the agreement by recommending a 120-month term of imprisonment.
Moreover, the district court properly concluded that the recommendation of a
three-year term of supervised release did not breach the plea agreement, where the
plea agreement advised McDaniels that a term of supervised release was one of the
statutory penalties for his offense, and was silent regarding whether the
government could recommend a term of supervised release. See United States v.
Franco-Lopez, 312 F.3d 984, 989 (9th Cir. 2002) (when construing a plea
agreement, this court must determine what the defendant reasonably believed to be
the terms of the plea agreement at the time of the plea).
AFFIRMED.
13-30026 2

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