United States v. Richard Valdez, Jr.

98 F.3d 1348 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard VALDEZ, Jr., Defendant-Appellant. No. 96-10039. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Richard Valdez appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to conspiracy to make and pass counterfeit United States currency in violation of 18 U.S.C. § 371 . Valdez contends that the district court advised him that he could appeal his sentence, and that the district court erred in not departing downward for substantial assistance pursuant to U.S.S.G. § 5K1.1. 3 The government has the power, not a duty, to seek a downward departure for substantial assistance under U.S.S.G. § 5K1.1. Wade v. United States, 504 U.S. 181, 185-86 (1992). Ordinarily, a sentencing court cannot grant a downward…