United States of America, Plaintiff-appellee, v. Maria Concepcion Vasquez De Sanchez, Defendant-appellant, 951 F.2d 1261 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal is from a sentence of sixty months and a term of four years of supervised release pursuant to the Sentencing Reform Act of 1984. The district court correctly applied the provisions of the Sentencing Reform Act and sentenced defendant to the statutorily required minimum of sixty months. The statute does not authorize any reduction of sentence beyond that point.

The district court could only impose a sentence below the mandatory minimum if the defendant provided "substantial assistance in the investigation or prosecution of another person who has committed an offense." Sentencing Guidelines § 5K1.1. Moreover, a government motion requesting a downward departure is a jurisdictional prerequisite. United States v. Long, 936 F.2d 482, 483 (10th Cir. 1991), petition for cert. filed (Sept. 27, 1991) (No. 91-5968). No such motion was filed in this case. Thus, we are without jurisdiction to review the sentence.

The appeal is DISMISSED. The mandate shall issue forthwith.