United States v. Ronald Udo

Ronald Udo entered a guilty plea to charges of participating in a conspiracy to transfer unregistered firearms. The Pre- sentence Report calculated Udo’s base offense level as being 17. This offense level yielded a presumptively applicable sentencing range of 24 to 30 months.

At sentencing, the government filed a motion for downward departure pursuant to U.S.S.G. § 5K1.1 (“substantial assistance departures”). The government recommended that the district court depart down by four base offense levels to level 13 and sentence defendant at the lower end of the corresponding sentencing range of 12 to 18 months.

Udo, however, asked the court to depart below the government’s recommendation. The court refused: “In this matter I don’t believe that I have the jurisdiction to do what you suggest, Counsel.” Thus, the district court believed that it did not have the authority to depart below the government’s recommendation.

On appeal, Udo argues that the district court erred in holding that it did not have authority to depart below the government’s recommendation. Udo relies on United States v. Keene, 933 F.2d 711 (9th Cir.1991). In Keene , we held that “once the government file[s] a motion…