United States v. Alberto De La Fuente

REINHARDT, Circuit Judge:

The United States appeals the granting of defendant’s motion to correct his sentence. Because we hold that the district court correctly concluded that the government breached its plea agreement with the defendant by failing to request, on the basis of substantial assistance, a sentence below the statutory mandatory minimum, we affirm.

I

Alberto De la Fuente was arrested at the Guam Arport on November 4, 1989 in possession of 740 grams of cocaine. De la Fuente, a resident of California, was transporting the cocaine for his cousin, Roman Fernandez. The government charged…