Court of Appeals for the Ninth Circuit April 15, 2004, No. 03-10506 (United States v. McAllister)

MEMORANDUM **

Nakuru McAlister appeals his 121-month sentence following his guilty plea to conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(l)(A)(iii). McAlister’s only *873contention is that the government breached its plea agreement by acting in bad faith and refusing to recommend a downward departure pursuant to U.S.S.G. § 5K1.1.