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U.S. v. MALDONADO-ACOSTA

No. 99-2136.

210 F.3d 1182 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo Valentin MALDONAD-ACOSTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 25, 2000.

Attorney(s) appearing for the Case

F. Mario Ortiz, Las Cruces, New Mexico, for the appellant.

John J. Kelly, U.S. Attorney, and Fred J. Federici, Assistant U.S. Attorney, Albuquerque, NM, for the appellee.

Before BRISCOE, ANDERSON and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

United States Sentencing Guideline ("U.S.S.G.") § 5K1.1 specifically states that a downward sentencing departure for substantial assistance to the government may be granted "upon motion by the government." We have held that the government's motion for a departure for substantial assistance "is an unequivocal condition precedent; the [sentencing] court may not act sua sponte in such matters." United States v. Vargas,

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