Glasgow

MEMORANDUM *

Defendant-Appellant Robert James Glasgow was sentenced to 36 months’ incarceration after pleading guilty to misprision of a felony, pursuant to a plea agreement, in connection with charges that he was involved in manufacturing methamphetamine. Glasgow now challenges that sentence, claiming that the government breached the plea agreement when it failed to move for a downward departure under U.S.S.G. § 5K1.1, and that the district court abused its discretion in denying the government’s motion for downward departure pursuant to Fed.R.Crim.P. 35. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

By the terms of the plea agreement, 1 the government agreed to recommend that Glasgow receive a sentence at the low end of the Guideline range in exchange for his cooperation. The government also agreed as follows: “In exchange for Mr. Glasgow’s continued complete and truthful cooperation, the United States agrees to petition the District Court for Rule 35 relief. Naturally, it is the Court who will ultimately determine what relief, if any, has been earned by [ ] Glasgow.... [Fjinally, the United States may seek § 5K1.1 relief as opposed to Rule 35 relief - it just…