United States v. Carmelo Ruiz-Beas

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carmelo RUIZ-BEAS, Defendant-Appellant. No. 91-50674. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Carmelo Ruiz-Beas appeals his sentence under the Sentencing Guidelines (U.S.S.G.) following his guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Ruiz-Beas contends that the district court erred by failing to determine whether the government unreasonably refused to move for a downward departure pursuant to U.S.S.G. § 5K1.1 for substantial assistance provided to the government. 3 Generally, we lack jurisdiction to review a sentence that is within the applicable guidelines range and was not imposed in violation of law. United States v. Garcia-Garcia, 927 F.2d 489, 490 (9th Cir.1991).…