United States v. Peter Paul Gallo

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Peter Paul GALLO, Defendant-Appellant. No. 92-10054. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Dec. 8, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Peter Paul Gallo ("Gallo") appeals his conviction for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 and his sentence of 60 months incarceration, imposed pursuant to the United States Sentencing Guidelines. Gallo was convicted and sentenced after he entered into a plea agreement with the government. 3 Gallo contends that the government breached his plea agreement by failing to move for a downward departure under 18 U.S.C. § 3553 (e) and U.S.S.G. 5 K1.1 as promised in the agreement in exchange for the his substantial assistance to law enforcement. On appeal, he argues that the district court erred in…