U.S. v. Garrett

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

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 2003

61 F. App'x 487 (9th Cir. 2003)

Opinion

61 Fed.Appx. 487 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Jaquetta GARRETT, Defendant--Appellant. No. 02-10491. D.C. No. CR-01-00089-WBS. United States Court of Appeals, Ninth Circuit. April 18, 2003

Submitted April 7, 2003. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, Garrett's request for oral argument is denied.

NOT FOR PUBLICATION.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

Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Presiding.

Before RYMER, KLEINFELD, and FISHER, 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.

Jaquetta Garrett appeals the 8-month sentence imposed following her guilty plea conviction for one count of making false claims against the United States and aiding and abetting, in violation of 18 U.S.C. §§ 287, 2. We dismiss the appeal.

Garrett contends the district court erred by refusing to grant a downward departure for diminished capacity under U.S. S.G. § 5K2.13. We lack jurisdiction to review the district court's discretionary denial of a request for a downward departure. See United States v. Hock, 172 F.3d 676, 681-82 (9th Cir.1999).

DISMISSED.