Guzman

MEMORANDUM ***

Beatriz Guzman appeals from her conviction and sentence of 120 months for *381 importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960. Guzman signed a plea agreement that states in pertinent part:

Guzman contends that the government breached the plea agreement by failing to recommend a substantial assistance departure under U.S.S.G. § 5K1.1.

Guzman’s argument lacks merit. The plea agreement leaves it to the government to decide, in its discretion, whether to recommend a downward departure for substantial assistance. This interpretation is confirmed by another portion of the agreement which states: “If the United States Attorney’s Office decides that the defendant has provided substantial assistance, it may in its sole discretion, file a motion for a downward departure under ... § 5K1.1 of the United States Sentencing Guidelines.” See United States v. Burrows, 36 F.3d 875, 884 (9th Cir.1994) (“Section 5K1.1 deliberately removes from judges the determination of whether or not a given quantum of assistance is substantial, and leaves the decision to prosecutors.”). Even if it had decided that Guzman’s assistance was substantial, the government still…