United States v. Reynaldo Hinojosa

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Reynaldo HINOJOSA, Defendant-Appellant. No. 93-30141. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 12, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Reynaldo Hinojosa, a federal prisoner, appeals pro se the denial of his post-conviction motion for reduction of his sentence. Hinojosa contends that he was denied due process because the government did not make a motion for sentence reduction, and the district court did not depart downward, pursuant to 18 U.S.C. Sec. 3553 (e) and U.S.S.G. Sec. 5K1.1. We affirm. 3 On January 2, 1990, following his guilty plea, Hinojosa was convicted of conspiracy, distribution of cocaine, and possession of cocaine. At the sentencing hearing, the government moved for a downward departure of 68 months below Hinojosa's United States Sentencing Guidelines…