United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 5, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-41270
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MICHAEL TEJEDA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:00-CR-613-1
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael Tejeda appeals the sentence imposed upon his guilty-plea
conviction for conspiracy to possess with intent to distribute five kilograms or
more of cocaine. See 21 U.S.C. §§ 841, 846. Tejeda argues that the Government
breached an implied promise, or bargained away its discretion, to file a motion
for downward departure pursuant to U.S.S.G. § 5K1.1. However, there is
nothing in the record to indicate that the Government made, much less
breached, a promise to file a § 5K1.1 motion for a downward departure or that
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-41270
it “bargained away its discretion” to file such a motion. See United States v.
Hernandez, 17 F.3d 78, 82 (5th Cir. 1994). Tejeda’s argument to the contrary is
without merit.
AFFIRMED.
2