United States v. Tamika Kennedy

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tamika KENNEDY, Defendant-Appellant. No. 92-50224. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided April 30, 1993. Before WALLACE, Chief Judge, and SNEED and HALL, Circuit Judges. 1 MEMORANDUM * 2 Tamika Kennedy appeals her sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). She contends the district court erroneously believed it did not have authority to depart below the statutory minimum without a motion for downward departure by the government. She further contends that the government breached the plea agreement. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 Kennedy was indicted by a federal grand jury on February 1, 1991, for possession with intent to distribute 383.3 grams of cocaine base, in violation of 21 U.S.C. § 841 . She pleaded not guilty to the charge on…