United States v. Eloy Villalobos

962 F.2d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Eloy VILLALOBOS, Defendant-Appellant. No. 91-50555. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1992. * Decided May 7, 1992. Before ALARCON, WILLIAM A. NORRIS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Eloy Villalobos was convicted of illegal reentry after deportation in violation of 8 U.S.C. § 1326 . The Presentence Report calculated defendant's base offense level to be 10 and his criminal history to be VI. At sentencing, defendant did not object to these computations. Nor did he move for a downward departure on the ground that his criminal history category overrepresented his criminal history. 3 The district court adopted the Presentence Report's computations of the base offense level and the criminal history category. Because the Presentence Report yielded a presumptively applicable sentencing range in excess of the statutory…