United States v. Alberto De La Fuente

The United States appeals the granting of defendant’s motion to correct his sentence. Because we hold that the district court correctly concluded that the government breached its plea agreement with the defendant by failing to request, on the basis of substantial assistance, a sentence below the statutory mandatory minimum, we affirm.

I

Alberto De la Fuente was arrested at the Guam Arport on November 4, 1989 in possession of 740 grams of cocaine. De la Fuente, a resident of California, was transporting the cocaine for his cousin, Roman Fernandez. The government charged De la Fuente with one count of possession with intent to distribute cocaine, 21 U.S.C. § 841 (a)(1).

On November 15, 1989, De la Fuente pleaded guilty under an agreement with the government. He agreed to cooperate with the government by providing information about and testifying against Fernandez. In exchange, the government agreed to make his cooperation known to the court at sentencing, and “to recommend to the sentencing court that defendant be sentenced to the minimum period of incarceration required by the sentencing guidelines.” The signed plea agreement notes that the maximum sentence for the charged…