United States v. Brian Everett Malone

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian Everett MALONE, Defendant-Appellant. No. 93-10317. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Brian Everett Malone appeals his 73-month sentence imposed following a guilty plea to conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. Secs. 846 and 841(a)(1). Malone contends that the district court erred by granting, pursuant to U.S.S.G. Sec. 5K1.1, a 25% reduction of his sentence, instead of the 50% reduction stipulated in the plea agreement. Malone also contends the government breached the plea agreement by failing to recommend that his sentence be reduced by 50% and by recommending that Malone be incarcerated prior to sentencing. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I.…