United States v. Constantino Santos Corral

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Constantino Santos CORRAL, Defendant-Appellant. No. 93-50779. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 24, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, District Judge. 2 MEMORANDUM ** 3 Constantino Santos Corral appeals the ten year sentence imposed upon him under 21 U.S.C. Sec. 841 (b) after he pled guilty to possession with intent to distribute cocaine. He argues that the government's refusal to move for a downward departure for substantial assistance was unconstitutional and arbitrary, and that the district court erred in refusing to depart downward after the government refused to file a substantial assistance motion. This court has jurisdiction under 18 U.S.C. Sec. 3742 . FACTS 4 On September 30, 1992, Corral pled guilty to one count of possession of cocaine with intent to distribute in violation of…