United States v. Mayo Barnes

Pursuant to a plea agreement, Appellant Mayo Gerard Barnes (“Barnes”) pleaded guilty to possession with intent to distribute 50 grams of methamphetamine in violation of 21 U.S.C. § 841(a)(1). Barnes was sentenced to the statutory mandatory minimum sentence of 120 months of imprisonment. § 841(b)(l)(A)(viii). Barnes now appeals.

I. BREACH OF PLEA AGREEMENT

Barnes argues that the Government breached the plea agreement by failing to file a U.S.S.G. § 5K1.1 motion for downward departure based on substantial assistance. 1 Barnes concedes that the plea agreement does not require the Government to…