United States v. Richard Charles Schwartz

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Charles SCHWARTZ, Defendant-Appellant. No. 94-15442. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided Feb. 27, 1995. Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * BACKGROUND 2 On January 18, 1990, petitioner Richard Charles Schwartz entered into a plea agreement with the United States government in which he pled guilty to the charge of possession with the intent to distribute and distribution of 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine under 21 U.S.C. Sec. 841 (a)(1). In addition, he agreed to assist the government in locating contraband materials and substances associated with the commission of the crime. 3 In exchange for Schwartz's guilty plea and assistance, the government moved for a downward departure from the otherwise…