United States v. Garcia-Bonilla

W. EUGENE DAVIS, Circuit Judge:

Jose Gareia-Bonilla (Garcia) pled guilty to one count of a two-count indictment charging him with conspiracy to possess with intent to distribute a controlled substance, and aiding and abetting in the possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and 18 U.S.C. § 2. Garcia challenges his sentence on the ground that the prosecution violated the plea agreement by failing to move for a downward departure for Garcia’s substantial assistance. We conclude that the government did not violate the plea…