United States of America, Plaintiff-appellee, v. Raul Alberto Martinez, Defendant-appellant, 7 F.3d 1046 (10th Cir. 1993)

On July 1, 1992, Raul Martinez pled guilty to violations of 21 U.S.C. 846, 841(a) (1), 841(b) (1) (A), and 18 U.S.C. 2. As part of the plea agreement, the government filed a motion to reduce his sentence under U.S.S.G. 5K1.1. The trial court departed downwards from the guidelines, sentencing Mr. Martinez to ninety-seven months' incarceration. After the government filed a motion for reconsideration of Mr. Martinez's sentence, the trial court resentenced defendant to sixty months' incarceration. Mr. Martinez appeals his sentence and argues the trial court's downward departure failed to adequately reward his substantial assistance to the government.

It is well-settled we do not have jurisdiction to review a district court's decision not to depart downwards from the sentencing guidelines. United States v. Bauer, 995 F.2d 182, 183 (10th Cir. 1993). Further, if a district court does choose to depart downwards, we cannot examine the extent of this departure. United States v. Bromberg, 933 F.2d 895, 896 (10th Cir. 1991). Accordingly, Mr. Martinez's appeal is DISMISSED.