United States v. Ignacio Valenzuela-Gamez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ignacio VALENZUELA-GAMEZ, Defendant-Appellant. No. 91-30454. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided May 8, 1992. Before HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ignacio Valenzuela-Gamez appeals from his sentence, imposed following a guilty plea, for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (b)(2). Valenzuela-Gamez contends that the district court erred by not granting him a downward departure from the range applicable to his offense under the United States Sentencing Guidelines. We lack jurisdiction to review the sentence and dismiss the appeal. 3 A district court's discretionary decision not to depart from the Guidelines range is not reviewable on appeal. United States v. Garcia-Garcia, 927 F.2d 489, 490 . "The [district] court's silence regarding authority to…