United States v. Martha Rosales

MEMORANDUM

Martha Yolanda Rosales appeals from the district court’s judgment and chal lenges the 120-month sentence imposed following her guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rosales challenges the substantive reasonableness of her mandatory minimum sentence. She contends that the district court should have compelled the government to file a motion for a substantial assistance departure under U.S.S.G. § 5K1.1. We disagree.

Section 5K1.1 does not impose a duty on the government to move for a substantial assistance departure. See United States v. Flores, 559 F.3d 1016, 1019 (9th Cir.2009). Even when a defendant has provided substantial assistance, this court cannot grant relief “unless the government’s refusal to file a § 5K1.1 motion was based on impermissible motives, constituted a breach of a plea agreement, or was not rationally related to a legitimate governmental purpose.” Id. Rosales’s allegations do not meet this standard.

Because the district court lacked discretion to sentence Rosales below the mandatory minimum, see United States v. Wipf, 620…