United States v. Lucio Morales

This is an appeal from a sentence imposed under the Sentencing Reform Act of 1984 and the sentencing guidelines issued pursuant to 28 U.S.C. § 994 (Supp. V 1987). We are asked to determine whether the district court erred by refusing to depart downward from the applicable guideline range. We conclude that the district court’s discretionary refusal to depart downward from the sentencing guidelines is not subject to review on appeal. Accordingly, we dismiss this appeal.

FACTS AND PRIOR PROCEEDINGS

Lucio Morales pleaded guilty to charges of conspiracy to create and to supply false immigration documents to aliens in violation of 8 U.S.C. § 1160 (b)(7)(A)(ii) (1988) and 18 U.S.C. § 371 (1988). The applicable sentencing guidelines for Morales’ offense and circumstances directed a term of 10-16 months’ imprisonment. Prior to sentencing, however, Morales sought a downward departure from the guidelines based on his age and physical condition. Morales contended that he was sixty-five years old and suffered from alcohol dependence, heart problems, hypertension, and diabetes, and had been recently hospitalized. A supplemental presentence report on Morales' medical condition recommended that…