Preciado

MEMORANDUM ***

Manuel Preciado appeals his sentence of 120 months in prison following conviction for conspiracy to distribute methamphetamine in violation of the Controlled Substances Act, 21 U.S.C. § 846 . This sen *161 tence was imposed pursuant to 21 U.S.C. § 841 (b)(1)(B), which provides for a mandatory minimum sentence of ten years in prison where the defendant has previously been convicted of a felony drug offense under state or federal law. Preciado contends that the government violated his due process rights when it failed to move for a downward departure pursuant to 18 U.S.C. § 3553 (e), which would have permitted the district court to sentence him below the mandatory minimum. We review de novo the legality of a sentence in cases involving claims that the government improperly failed to move for a downward departure. United States v. Murphy, 65 F.3d 758, 762 (9th Cir.1995) (citing United States v. Delgado-Cardenas, 974 F.2d 123, 126 (9th Cir. 1992)). We affirm the sentence imposed by the district court.

Preciado asserted at his sentencing hearing that during plea negotiations, he had been led to believe the government would make a substantial assistance motion under §…