United States v. Jeff Gough

74 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeff GOUGH, Defendant-Appellant. No. 92-50595. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided Jan. 12, 1996. Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 In a written plea agreement dated September 13, 1989, defendant-appellant Jeff Gough agreed to provide "substantial cooperat[ion]" with government narcotics investigations. In exchange, the government agreed to request a reduction in Gough's sentence under Federal Rule of Criminal Procedure 35(b) ("Rule 35"). Pursuant to the plea agreement, the government filed a Rule 35 motion on May 16, 1991, recommending a one-year reduction for Gough's cooperation. Judge Thompson granted the motion and reduced Gough's sentence accordingly. 1 3 On appeal, Gough argues that the district court should have conducted a full evidentiary hearing on whether the…