United States v. Cheung Foo Kan, Aka: "Seal A"

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cheung Foo KAN, aka: "Seal A", Defendant-Appellant. No. 94-50355. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Cheung Foo Kan appeals his sentence of 120 months imposed following his guilty plea to conspiracy to distribute heroin in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. Kan contends that the government's refusal to move for a downward departure for his substantial assistance to authorities violated the cooperation agreement. Kan also contends that the district court erred in finding that the government had provided reasonable explanations for its refusal. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The government has "a power, not a duty, to file a [downward departure] motion when a defendant has substantially…