United States v. Philip Joseph Favara

McMILLIAN, Circuit Judge.

Philip Joseph Favara appeals the seventy-month sentence imposed by the district court 1 following his guilty plea to conspiring to distribute cocaine. For reversal, Fa-vara contends that (1) the government’s bad faith refusal to move for a departure under U.S.S.G. § 5K1.1, p.s. violated due process; and (2) the district court abused its discretion by denying his motion for departure. We affirm the judgment of the district court.

Pursuant to a written plea agreement, Favara pleaded guilty to conspiring to distribute more than five kilogram's of cocaine in violation of…