United States v. Don Lawrence Zapanta

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Don Lawrence ZAPANTA, Defendant-Appellant. No. 92-50711. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 5, 1993. Before: BROWNING, TANG, and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Don Lawrence Zapanta appeals his fifteen-month sentence imposed following his guilty plea for transferring counterfeit currency in violation of 18 U.S.C. Secs. 472 , 473. Zapanta contends that the trial court erred by refusing to hold an evidentiary hearing on whether the government improperly refused to make a motion for a downward departure based on substantial assistance to an investigation pursuant to U.S.S.G. Sec. 5k1.1. We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 (b), and we affirm. 1 3 Before sentencing, Zapanta argued that the government's refusal to file a motion for downward departure based on substantial assistance was a breach…