United States v. Michael Clark Brei

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael Clark BREI, Defendant-Appellant. No. 90-10645. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1991. * Decided Sept. 10, 1991. Before CANBY, DAVID R. THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael Clark Brei appeals his sentence, following a guilty plea, for conspiracy to possess and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Brei contends that the government violated his plea agreement by failing to move for a downward departure below the United States Sentencing Guidelines range, and that the district court should have made an independent assessment of whether Brei had met his own obligations under the agreement. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review for clear error a district court's construction of a plea agreement.…