United States v. Charles Earl Wells

981 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Earl WELLS, Defendant-Appellant. No. 91-50567. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1992. * Decided Dec. 17, 1992. Before: ALDISERT, ** CANBY and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM *** OVERVIEW 2 Charles Earl Wells appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines") following his conviction on a guilty plea, for conspiracy to distribute more than one kilogram of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Wells claims, first, that the government breached the plea agreement by undercutting its recommendation to sentence him to 108 months in custody and, second, that the district court erred when it considered evidence that he lied to the grand jury, and on that basis declined to depart downward to the extent the government recommended. We have…