United States v. Carlos Max Jimenez, AKA Juan Carlos Lopez-Gil AKA John Doe AKA Carlos Max Jiminez

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos Max JIMENEZ, aka Juan Carlos Lopez-Gil; aka John Doe; aka Carlos Max Jiminez, Defendant-Appellant. No. 96-50221. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Max Jiminez appeals his 60-month sentence imposed following his guilty plea to possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Jiminez contends that the district court erred by failing to grant a downward departure under U.S.S.G. 5K1.1 because the government's refusal to file the downward departure motion was not related to a legitimate governmental interest. We review the court's factual determinations regarding the government's motive for clear error. See United States v. Burrows, 36 F.3d 875, 884 (9th Cir.1994). We have…