United States v. Gary Spellman

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary SPELLMAN, Defendant-Appellant. No. 92-50745. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1993. * Decided Sept. 29, 1993. 1 Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges 2 MEMORANDUM ** 3 Defendant Gary Spellman raises two issues on his appeal from a sentence of twenty-one months imprisonment for conspiracy to commit bank fraud. First, he contends that the district court erred in finding that the Government had not breached the plea agreement, where the Government failed to recommend a downward departure even though he cooperated in good faith with its investigation. Second, Spellman argues that because he cooperated in good faith with the Government, the district court erred in refusing to depart downward from the Sentencing Guidelines on its own motion pursuant to U.S.S.G. § 5(k)(2.0). 4 The district court held that under the…