United States v. Casey Conley

MEMORANDUM

Casey Conley appeals from the district court’s judgment and challenges the 180-month sentence imposed following his guilty-plea conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Conley contends that the district court erred by failing to consider the parties’ recommendation for a three-level, fast track departure pursuant to U.S.S.G. § 5K3.1, and by denying the government’s recommendation for a six-level departure for substantial assistance pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553 (e). The record reflects that the district court considered both the fast track and substantial assistance recommendations, and determined that a total one-level reduction was appropriate. See United States v. Evans-Martinez, 611 F.3d 635, 643 (9th Cir. 2010) (“A district court’s decision to grant (a substantial assistance] motion does not bind the court ... to stay at the level recommended by the government.”).

To the extent Conley challenges the district court’s discretionary decisions regarding the fast track'and substantial assistance departures, our review…