Stelmachuck

MEMORANDUM

Kwang Hui Stelmachuck appeals the sentence imposed following her guilty plea conviction to conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 846, and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we dismiss the appeal.

Stelmachuck argues that her sentence should be vacated because the government’s sentencing recommendation breached the written plea agreement. Whether the government violated the terms of a plea agreement is reviewed de novo. United States v. Schuman, 127 F.3d 815, 817 (9th Cir.1997) (per curiam). But whether the facts demonstrate that there was a breach of a plea agreement is reviewed for clear error. United States v. Salemo, 81 F.3d 1453, 1460 (9th Cir.1996). While, these two standards of review appear inconsistent, see United States v. Johnson, 187 F.3d 1129, 1134 (9th Cir.1999), under either standard, the government did not breach the plea agreement.

The record here shows the government moved the district court to depart downward from the Sentencing Guidelines based on Stelmachuck’s substantial assistance and that the plea agreement did not require the government to…