United States v. James Allen Stitt

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Allen STITT, Defendant-Appellant. No. 93-10379. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1994. * Decided March 1, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James Allen Stitt (Stitt) appeals the district court's order granting the Government's post-sentence motion for a one-year downward departure in his sentence. He requests a remand for resentencing because the district court did not have the opportunity to consider the cooperation he provided to the authorities at the time his initial sentence was imposed. We reject his argument and affirm. 3 Stitt has failed to establish that the Government's refusal to make a Sec. 5K1.1 substantial assistance motion at his original sentencing hearing was improper. The Supreme Court has stated that Sec. 5K1.1 gives the Government power to file a substantial…