U.S. v. Zanudo-Amado

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Jorge ZANUDO-AMADO…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 23, 2001

4 F. App'x 510 (9th Cir. 2001)

Opinion

4 Fed.Appx. 510 (9th Cir. 2001) UNITED STATES of America, Plaintiff--Appellee, v. Jorge ZANUDO-AMADO, Defendant--Appellant. No. 00-50309. D.C. No. CR-99-03170-J. United States Court of Appeals, Ninth Circuit. February 23, 2001

Submitted February 12, 2001. ¹

1 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NOT FOR PUBLICATION.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)

After entering guilty plea, defendant was convicted in the United States District Court for the Southern District of California, Napoleon A. Jones, J., of one count of importation of marijuana. Defendant appealed, challenging his sentence. The Court of Appeals held that it lacked jurisdiction to review denial of defendant's request for a downward departure under Sentencing Guidelines based on aberrant behavior.

Appeal dismissed.

Appeal from the United States District Court for the Southern District of California, Napoleon A. Jones, District Judge, Presiding.

Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.

MEMORANDUM ²

2 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.

Jorge Zanudo-Amado appeals the sentence imposed following his guilty plea to one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Zanudo-Amado contends that the district court abused its discretion by denying his request for a downward departure based on aberrant behavior. We lack jurisdiction because there is no indication in the record that the district court believed it lacked the discretion to depart. See United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995).

DISMISSED.