Opinion of the Court — United States v. Guzman

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Type: Opinion of the Court
Filed: Feb. 25, 2002
Case: United States v. Guzman
Case status: Decided

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Opening text

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MEMORANDUM *** Beatriz Guzman appeals from her conviction and sentence of 120 months for *381 importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960. Guzman signed a plea agreement that states in pertinent part: In exchange for the Government’s concessions in this plea agreement, defendant waives, to the full extent of the law, any right to appeal or to collaterally attack the conviction and sentence ... unless the Court imposes a sentence in excess of: the ten-year minimum mandatory sentence, if the Government does not file a motion pursuant to USSG § 5K1.1[.] Guzman contends that the government breached the plea agreement by failing to recommend a substantial assistance departure under U.S.S.G. § 5K1.1. Guzman’s argument lacks merit. The plea agreement leaves it to the government to decide, in its discretion, whether to recommend a downward departure for substantial assistance. This interpretation is confirmed by another portion of the agreement which states: “If the United States Attorney’s Office decides that the defendant has provided substantial assistance, it may in its sole discretion, file a motion for a downward departure under ... § 5K1.1 of the United S…

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