United States v. Donald Nolan

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald NOLAN, Defendant-Appellant. No. 95-50343. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Donald Nolan appeals his sentence imposed following his guilty plea to conspiracy to distribute phencyclidine ("PCP") in violation of 21 U.S.C. §§ 841 (a)(1), 846. We have jurisdiction under 28 U.S.C. § 1291 , and affirm. 3 Nolan contends that the government breached the plea agreement by not recommending a minor role reduction pursuant to U.S.S.G. § 3B1.2 in exchange for Nolan's truthful cooperation. Specifically, Nolan contends that the government did not act in good faith by determining that Nolan was untruthful. 4 Nolan did not present this contention in the district court. 1 Instead, Nolan argued the merits of the minor role…