No. 89-50617.

933 F.2d 711 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Myron KEENE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1991.

Attorney(s) appearing for the Case

Stephen G. Wolfe, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Karen R. Smith, Los Angeles, Cal., for defendant-appellee.

Before ALARCON and NORRIS, Circuit Judges, and MARSH, District Judge.

MARSH, District Judge:

Defendant pled guilty to conspiracy to possess and distribute 437 kilograms of cocaine, an offense which carries a ten year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(A). Prior to the imposition of sentence, the government moved for a downward departure from the Sentencing Guidelines based upon Mr. Keene's substantial assistance in the conviction of several codefendants. During the sentencing hearing, the government orally sought...

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