United States v. Patrick W. Bartholomy

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick W. BARTHOLOMY, Defendant-Appellant. No. 92-50193. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 25, 1992. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Patrick W. Bartholomy appeals the district court's refusal to depart further than the one point reduction recommended by the government. To Bartholomy, his "substantial cooperation" required more than a mere one point sentencing reduction and that the district court's refusal to do so was based on its erroneous belief that it was bound by the plea agreement. 3 Because the district court clearly did not consider itself bound by the plea agreement, we hold the refusal to depart further than one point was a proper exercise of discretion unreviewable by this court. 4 * Normally, we have no jurisdiction to review a discretionary decision not to…