Gamez
United States v. Gamez
Opinion
Lead Opinion
MEMORANDUM **
Mario Rene Gamez appeals a 26-month sentence imposed after he pleaded guilty to conspiracy and receiving and possessing stolen goods in interstate shipments, in violation of 18 U.S.C. §§ 371 and 659. We have jurisdiction under 18 U.S.C. § 3742 , and we affirm.
Gamez contends that the district court improperly denied his motion for a downward departure for substantial assistance to the government. In the absence of a government motion, however, the district court lacked the authority to grant such a departure, see United States v. Cruz-Guerrero, 194 F.3d 1029, 1031-32 (9th Cir.1999), so its denial of Gamez’s request was not an abuse of discretion. Additionally, a review of the record discloses that the government’s decision not to make a § 5K1.1 motion for downward departure was neither arbitrary nor capricious. See Wade v. United States, 504 U.S. 181 , 112 S.Ct. 1840 , 118 L.Ed.2d 524 (1992); United States v. Murphy, 65 F.3d 758 (9th Cir.1995).
Next Gamez contends, for the first time, that the district court erred in applying the USSG § 3B1.3 upward adjustment for his use of a special skill as a truck driver in the commission of his offense. Gamez did not raise…