United States v. Enrique Delgado-Encinas

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enrique DELGADO-ENCINAS, Defendant-Appellant. No. 93-10368. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 11, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Enrique Delgado-Encinas appeals his 121-month sentence imposed following entry of a guilty plea to conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. Sec. 841 . Delgado-Encinas contends the government breached his plea agreement by failing to inform the district court of his cooperation and to move for a downward departure due to his substantial assistance to authorities. The government counters that Delgado-Encinas has waived this argument by failing to raise it below. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Our decision in United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991),…