U.S. v. Barajas-Miranda

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Fernando…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2002

31 F. App'x 434 (9th Cir. 2002)

Opinion

31 Fed.Appx. 434 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Fernando BARAJAS-MIRANDA, Defendant--Appellant. No. 01-30266. D.C. No. CR-01-02035-WFN. United States Court of Appeals, Ninth Circuit. February 22, 2002

Submitted February 11, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, Chief Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and TALLMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Fernando Barajas-Miranda appeals the sentence imposed following his guilty plea to being an alien in the United States following deportation, in violation of 8 U.S.C. § 1326.

Barajas-Miranda contends that the case should be remanded so that the district court can consider a downward departure based upon Barajas-Miranda's extremely unusual family situation. We deem the request for the downward departure waived because, as Barajas-Miranda concedes, he did not make the request in the district court. United States v. Quesada, 972 F.2d 281, 283-84 (9th Cir.1992).

Barajas-Miranda's challenge under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to the enhancement of his sentence based upon his prior convictions is foreclosed by United States v. Pacheco-Zepeda, 234 F.3d 411 (9th Cir.2001) (as amended).

AFFIRMED.