United States v. Amelia Ibal Bernal

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Amelia Ibal BERNAL, Defendant-Appellant. No. 93-50251. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 30, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Amelia Ibal Bernal appeals her 78-month sentence imposed following a jury trial for possession with the intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Although Bernal received a four-level downward departure under U.S.S.G. Sec. 5K1.1 (substantial assistance), she asserts the district court erred by refusing to depart below the government's recommendation because (1) it thought it lacked discretion to do so; (2) it relied on false or unreliable information regarding the involvement of Bernal's family in drug trafficking when sentencing Bernal; and (3) it based its decision on the improper ground that her family was…