Rivera

MEMORANDUM **

Styran Eddie Rivera appeals his conviction and 180-month sentence imposed following his guilty plea to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rivera contends that the government failed to comply with an oral promise to move for a downward departure based on substantial assistance in a pending state case, and that the government’s failure to move for the departure was not rationally related to any legitimate government purpose. This contention is belied by the record.

The record reflects that the parties did not enter into a written plea agreement, as conceded by Rivera. Rather, Rivera alleges for the first time on appeal that the parties entered into an oral agreement based on the fact that Rivera provide assistance to the state of Hawaii in a separate matter. The record does not support this conclusory allegation. Absent a violation of an agreement to file a departure motion, we review the government’s decision not to file a substantial assistance motion only to determine whether the refusal was based on an unconstitutional motive.…