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U.S. v. Garcia-Perez

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
72 F. App'x 716 (9th Cir. 2003)

Opinion


72 Fed.Appx. 716 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Eulogio GARCIA-PEREZ, aka Eulogio Garcia, Defendant--Appellant. No. 02-10639. D.C. No. CR-02-00968-JMR. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

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NOT FOR PUBLICATION.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 District of Arizona, John M. Roll, District Judge, Presiding.

Before SCHROEDER, Chief Judge, and HAWKINS and TASHIMA, 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 provided by Ninth Circuit Rule 36-3.

Eulogio Garcia-Perez appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) with a sentencing enhancement under 8 U.S.C. § 1326(b)(2).

Garcia-Perez's contention, that the district court erred in refusing to depart downward based on his cultural assimilation, is not reviewable on appeal because the denial of the departure was a proper exercise of the district court's discretion. United States v. Wetchie, 207 F.3d 632, 636 (9th Cir.2000). We do not consider Garcia-Perez's remaining contention, that he should have received a departure based on "saving to the government," which he raises for the first time on appeal. United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991).

Appellant's unopposed motion to withdraw an argument from his opening brief is granted.

DISMISSED.


Summaries of

U.S. v. Garcia-Perez

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
72 F. App'x 716 (9th Cir. 2003)
Case details for

U.S. v. Garcia-Perez

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Eulogio GARCIA-PEREZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

72 F. App'x 716 (9th Cir. 2003)