United States v. Ashtiyaq Ali Chaudhry

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ashtiyaq Ali CHAUDHRY, Defendant-Appellant. No. 93-10374. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided May 27, 1994. Before: HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ashtiyaq Ali Chaudhry appeals the 120-month sentence imposed following his guilty plea to conspiracy to possess and distribute heroin in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Chaudhry contends the district court erred by refusing to order the government to move for a downward departure pursuant to U.S.S.G. Sec. 5K1.1 to reward his substantial assistance. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for clear error both a district court's construction of a plea agreement, United States v. Read, 778 F.2d 1437, 1441 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986), and its conclusion whether a party to the…