U.S. v. Rojas-Velasquez

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Jorge ROJAS-VELASQUEZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 22, 2003

61 F. App'x 509 (9th Cir. 2003)

Opinion

61 Fed.Appx. 509 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Jorge ROJAS-VELASQUEZ, aka Jorge Rojas aka Jorge Alvarado Velasquez, Defendant--Appellant. No. 02-10269. D.C. No. CR-00-05426-REC. United States Court of Appeals, Ninth Circuit. April 22, 2003

Argued and Submitted April 4, 2003.

NOT FOR PUBLICATION.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, Robert E. Coyle, Chief Judge, Presiding.

Before B. FLETCHER, KOZINSKI and TROTT, 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.

We lack jurisdiction to review the denial of the motion to dismiss because Rojas-Velasquez entered an unconditional guilty plea. See United States v. Floyd, 108 F.3d 202, 203-04 (9th Cir.1997). We lack jurisdiction to review the refusal to depart downward because the record does not show that the district court mistakenly believed it had no authority to depart. See United States v. Berger, 103 F.3d 67, 69-70 (9th Cir.1996).

DISMISSED.