Galaviz-Payan

MEMORANDUM **

Florencio Galaviz-Payan appeals his 136-month sentence following his unconditional guilty plea to possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) & (b)(1). Galaviz argues that the district court erred when it refused to conduct an evidentiary hearing on his claim that the Government acted in bad faith by refusing to move for downward departure for substantial assistance under U.S.S.G. § 5K1.1. The Government seeks to dismiss for lack of jurisdiction. We conclude we have jurisdiction, and we affirm.

DISCUSSION

As a preliminary matter, the Government argues that Galaviz entered an unconditional guilty plea and thereby waived his right to appeal. We acknowledge that an “unconditional guilty plea constitutes a waiver of the right to appeal *187 all non-jurisdictional antecedent rulings and cures all antecedent constitutional defects.” See United States v. Floyd, 108 F.3d 202, 204 (9th Cir.1997). Here, Galaviz challenges the Government’s failure to file a substantial assistance motion. That conduct occurred after the plea and is therefore reviewable. See United States v. Ruiz, 241 F.3d 1157, 1163 (9th Cir.2001) (permitting appeal…