United States v. Edwin Eugene Trout

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edwin Eugene TROUT, Defendant-Appellant. No. 91-50520. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1992. * Decided June 23, 1992. Before WALLACE, Chief Judge, BRUNETTI and FERNANDEZ, Circuit Judges. MEMORANDUM 1 Trout appeals from his sentence, imposed following his guilty plea to possession with intent to distribute approximately 4,890 grams of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). 2 Trout was arrested in Spring Valley, California, and charged in a one-count information with possession of a controlled substance with intent to distribute. Pursuant to a plea agreement, Trout pleaded guilty to this charge on August 8, 1990. In the plea agreement, the government promised to move for a downward departure under U.S.S.G. § 5K1.1 provided that Trout substantially assisted the government in…