United States v. Jose Navarette-Avendano

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose NAVARETTE-AVENDANO, Defendant-Appellant. No. 92-10720. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1993. * Decided Nov. 18, 1993. 1 Before: KOZINSKI and O'SCANNLAIN, Circuit Judges; ZILLY, ** District Judge. 2 MEMORANDUM *** 3 Appellant Jose Navarette-Avendano pled guilty to one count of conspiracy to possess with the intent to distribute and to distribute 13 kilograms of cocaine in violation of 21 U.S.C. Sec. 846 . Appellant entered a plea agreement in which the government dropped three other counts in exchange for his guilty plea. The government also agreed that if it determined that the appellant had provided "substantial assistance," it would consider moving the court for a downward departure of appellant's sentence pursuant to 18 U.S.C. Sec. 3553 (e). The government decided that appellant did not render substantial assistance and it…