Gonzalez

United States v. Gonzalez

Good Law
104 F. App'x 692
United States Court of Appeals for the Ninth CircuitAugust 16, 2004No. 03-50580; D.C. No. CR-02-00185-IEGCalifornia251 words

Opinion

Lead Opinion

MEMORANDUM **

Yesenia Solis Gonzalez appeals her 60-month sentence following her guilty plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*693 Gonzalez contends that the government breached the plea agreement by acting in bad faith and refusing to recommend a downward departure pursuant to U.S.S.G. § 5K1.1 after she provided substantial assistance. We disagree.

Gonzalez disagrees with the government’s determination that her cooperation was not substantial enough to entitle her to a § 5K1.1 motion. However, she fails to demonstrate that the government based its refusal on unconstitutional motives. See Wade v. United States, 504 U.S. 181, 185-86 , 112 S.Ct. 1840 , 118 L.Ed.2d 524 (1992) (noting that defendant’s mere allegation that he provided substantial assistance, or of a generalized improper motive is not a sufficient showing for a remedy or even an evidentiary hearing); see also United States v. Burrows, 36 F.3d 875, 885 (9th Cir.1994) (“Section 5K1.1 deliberately removes from judges the determination of whether or not a given quantum of assistance is substantial,…

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