United States v. Michael West Burke

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 West BURKE, Defendant-Appellant. No. 91-50802. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 27, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael West Burke appeals his sentence under the United States Sentencing Guidelines, following entry of his guilty plea, for importation of heroin in violation of 21 U.S.C. § 952 (a). Burke contends that the district court erred by determining that it lacked the authority to depart downward for substantial assistance without a government motion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the legality of a sentence, while reviewing for clear error a district court's underlying factual findings. United States v. Delgado-Cardenas, Nos. 91-50253, 91-50257, slip op. 10663, 10669 (9th Cir.…