United States v. Jose Alberto Munoz

BALDOCK, Circuit Judge.

Defendant-appellant Jose Alberto Munoz pled guilty to one count of conspiracy to distribute cocaine and to possess cocaine with intent to distribute, 21 U.S.C. § 846. The district court, applying the Sentencing Guidelines, sentenced defendant to 210 months imprisonment. Defendant appeals, contending that the district court abused its discretion in refusing to grant the government’s § 5K1.1 motion recommending a downward departure for substantial assistance. See U.S.S.G. § 5K1.1 (Nov. 1990). We dismiss the appeal for lack of jurisdiction.

Section 5K1.1 provides that…