Kidd

MEMORANDUM **

In June 2002, a federal grand jury entered an eight-count indictment charging twelve defendants, including Appellant Ciji Kidd (“Defendant” or “Kidd”) with various charges involving the manufacture and sale of crack cocaine. Kidd was named in one count of the indictment, for knowingly and intentionally conspiring to possess with the intent to distribute, and distributing more than 50 grams of cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Kidd now appeals the sentence imposed following her guilty plea, which triggered a 10-year mandatory minimum sentence under 21 U.S.C § 841(b)(l)(A)(iii).

Kidd argues that the government breached the plea agreement by failing to move for a § 5K1.1 substantial assistance downward departure in spite of the information she proffered regarding unrelated individuals, crimes, and cases. Kidd argues that the government breached the plea agreement and therefore that the waiver of appeal in her plea agreement does not bar this appeal.

The district court held that the government did not act pursuant to an improper motive in choosing not to file a departure motion, and sentenced Kidd to the statutory minimum of 120 months…