Court of Appeals for the Ninth Circuit February 22, 2002, No. 01-30003; D.C. No. CR-00-05070-FDB (United States v. Cruz)

MEMORANDUM **

Froylan Trinidad Cruz appeals his 101-month sentence imposed after pleading guilty to several counts of controlled substance offenses committed with a firearm, in violation of 21 U.S.C. § 841(a)(1), (b)(1) and 18 U.S.C. § 924(c)(1). Cruz challenges the Government’s refusal to move for downward departure under U.S.S.G. § 5K1.