United States Ninth Circuit

Defendant's drug conspiracy sentence is affirmed, where the government properly refused to seek a downward departure for substantial assistance because refusing to make the motion was within the government's broad discretion under the plea agreement at issue.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• REAVLEY, Senior Circuit Judge:, Before:  THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Palmer A. Hoovestal, Hoovestal Law Firm, PLLC, Helena, MT, for the plaintiff-appellant.


• For Appellees:
  
• Jessica T. Fehr and James E. Seykora, Assistant United States Attorneys, Billings, MT, for the defendant-appellee.