United States v. Artemio Desalla, A/K/A "Boy"

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Artemio DESALLA, a/k/a "Boy", Defendant-Appellant. No. 89-10618. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided Aug. 3, 1992. Before EUGENE A. WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 We agree with DeSalla that the issue here is not the reviewability of the government's refusal to move for a downward departure but rather whether the government met its obligations under the plea agreement. We are satisfied that it did. 3 The agreement makes clear that the government retained full discretion to refuse to move for a downward departure: 4 [T]he prosecution may move the court to depart below the Guidelines.... [T]he decision as to whether to make such a request or motion is entirely up to the prosecution.... This Agreement does not require the prosecution to make such a request or motion, but the defendant's…