United States v. Luis Roman Burgueno-Muniz

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luis Roman BURGUENO-MUNIZ, Defendant-Appellant. No. 93-50600. 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 Luis Roman Burgueno-Muniz appeals the 60-month sentence imposed following his guilty plea to aiding and abetting the distribution of heroin in violation of 21 U.S.C. Sec. 841 (a)(1), 18 U.S.C. Sec. 2 . Burgueno-Muniz contends the district court erred by declining to depart downward from the mandatory minimum sentence in light of the government's refusal to debrief him to assess his cooperation in violation of the plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 "We have jurisdiction to review a district court's refusal to depart downward based on its interpretation of law as barring such departure." United…