Casas

MEMORANDUM *

Richard Casas appeals the district court’s refusal to compel the government to move for a downward departure under U.S. Sentencing Guideline § 5K1.1 (“Substantial Assistance to Authorities”). His plea agreement obligated the government to do so if it found he had “provided *137 substantial assistance.” It is not disputed that Casas provided much of value to the government. The government refused, however, to find that Casas had provided substantial assistance because it found that he had not been entirely truthful in his interviews with investigators. This, inter alia, undermined his potential value as a witness against his co-conspirators.

The refusal to compel specific performance of a plea agreement is reviewed for abuse of discretion. United States, v. Anthony, 93 F.3d 614, 616 (9th Cir.1996).

Whether the government would have found that Casas provided substantial assistance in the absence of what it judged to be this lack of candor is immaterial. Under the plea agreement, the government’s obligation to make the § 5K1.1 motion was predicated upon its determination, “in its exclusive judgment, that defendant has provided substantial assistance to law enforcement…