United States v. Frederick H. Howard

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frederick H. HOWARD, Defendant-Appellant. No. 92-10166. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Frederick H. Howard appeals his sentence under the Sentencing Guidelines following his guilty plea to unlawfully using access devices in violation of 18 U.S.C. Sec. 1029 (a)(2) and aiding and abetting in violation of 18 U.S.C. Sec. 2 . Howard contends that the government's refusal to move for a downward departure in sentence based on his substantial assistance was arbitrary and capricious and violative of his due process rights. He further contends that the district court erroneously believed it did not have authority to depart below the statutory minimum sentence absent a government motion for downward departure. We affirm. I. FACTS AND PRIOR…