United States v. Antonio Barragan-Arellano

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio BARRAGAN-ARELLANO, Defendant-Appellant. No. 93-35800. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Barragan-Arellano appeals the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255 . Barragan-Arellano was sentenced to 20 years' imprisonment in November 1989 upon his plea of guilty to narcotics offenses. He never appealed his sentence. He now contends that the government breached his plea agreement in 1989 by refusing to move for a departure below the statutory minimum sentence, and that the district court erred by refusing to depart below the government's recommendation to reward his substantial assistance. We decline to review these claims, and we affirm. 3 We review de novo the district…