Stewart-Gonzalez

MEMORANDUM **

Michael Stewart-Gonzalez appeals his 121-month sentence following his guilty plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846.

Stewart-Gonzalez contends (1) that the government breached the plea agreement by failing to file a motion for a downward departure pursuant to United States Sentencing Guidelines § 5K1.1 and 18 U.S.C. § 3553 (e) based on his substantial assistance to the authorities, and (2) that the district court failed to sentence him according to the plea agreement. Additionally, based on the foregoing allegations, Stewart-Gonzalez attempts to circumvent the appeal waiver provision in the plea agreement.

The record shows that the government upheld all of it obligations, including: recommending a sentence in the middle of the applicable guideline range; dismissing count two of the indictment; and meeting with Stewart-Gonzalez so he could attempt to qualify for the safety valve provision of the Sentencing Guidelines. The government was not required to file a substantial assistance motion. Similarly, the record *376 demonstrates that the district court imposed a sentence…