United States v. Pedro Abreu Dilone, AKA Jaime Herman Tirado

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pedro Abreu DILONE, aka Jaime Herman Tirado, Defendant-Appellant. No. 94-30118. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Pedro Abreu Dilone appeals his sentence following the entry of a guilty plea to conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 . Dilone asserts that: (1) the government's failure to move for a downward departure under U.S.S.G. § 5K1.1 was based on a constitutionally suspect motive; (2) the district court erred by failing to grant a downward departure for coercion under U.S.S.G. § 5K2.12; and (3) the district court's finding that Dilone was not a minor participant is clearly erroneous. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Although Dilone waived…