Opinion
The 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NOT FOR PUBLICATION.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)
Defendant pleaded guilty in the United States District Court for the District of Nevada, Johnnie B. Rawlinson, J., to one count of unlawful reentry of a deported alien. Defendant appealed. The Court of Appeals held that it lacked jurisdiction to review district court's decision denying defendant's request for downward departure based on sentencing disparities among district courts within the Ninth Circuit.
Dismissed.
Page 711.
Appeal from the United States District Court for the District of Nevada Johnnie B. Rawlinson, District Judge, Presiding.
Before GOODWIN, LEAVY and THOMAS, Circuit Judges.
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 9th Cir. R. 36-3.
Angel Mayorga-Silva appeals his 77-month sentence imposed following his guilty plea to one count of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326(a) and (b). We dismiss.
Mayorga-Silva contends that the district court erred when it denied his request for a downward departure based on sentencing disparities among district courts within the Ninth Circuit. Because the record indicates that the district court exercised its discretion in denying Mayorga-Silva's request for downward departure, we lack jurisdiction to review the district court's decision. United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995).
DISMISSED.