
    UNITED STATES of America, Plaintiff-Appellee, v. Albert SERNA, Defendant-Appellant.
    No. 00-10577.
    D.C. No. CR-00-029-PHX-SMM.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 9, 2002.
    
    Decided Sept. 16, 2002.
    Before PREGERSON, ALARCON, and WARDLAW, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Albert Serna contends that the government breached his plea agreement by failing to recommend a substantial assistance departure under U.S.S.G. § 5K1.1. Serna failed to raise this issue below, however, and therefore waived it. See United States v. Belden, 957 F.2d 671, 674-75 (9th Cir.1992); United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     