United States v. Maria Elena Madueno

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Maria Elena MADUENO, Defendant-Appellant. No. 91-50526. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided May 7, 1993. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Madueno pleaded guilty to possessing heroin with the intention to distribute it. 21 U.S.C. § 841 (a)(1). She appeals her sentence. She argues that the district court erred by not making an explicit determination that she did not merit a downward departure from her sentence, and by not ordering an evidentiary hearing on the issue of the departure. 3 Madueno waived her right to appeal in her plea agreement. She signed an agreement saying that she "waives the right to appeal any sentence imposed by this court, in the event that this court accepts the recommendations of the Government arising from this agreement." The government promised…