United States v. Augusto Humberto Gomez

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Augusto Humberto GOMEZ, Defendant-Appellant. No. 92-30198. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 30, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Augusto Humberto Gomez appeals the district court's order denying his post-sentencing motion to enforce a purported oral agreement. Gomez was previously convicted, following a guilty plea, for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He contends that district court erred by denying his post-sentencing motion because the government refused to file a motion for sentence reduction based on his substantial assistance. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo questions of law, while we review for clear error a district court's finding of fact. United…