United States v. John Marn

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John MARN, Defendant-Appellant. No. 92-10624. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1993. * Decided June 30, 1993. Before: GOODWIN, NORRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Marn appeals his sentence following a guilty plea of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Marn argues that the district court erred in denying his motion for downward departure based on his girlfriend's attempts to assist in the prosecution of other methamphetamine suppliers. Marn also argues that he should have been allowed discovery regarding the government's attempts to work with his girlfriend. The government did not make a motion for substantial assistance. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 3 * A motion of the Government is generally a prerequisite to departure under 18…