United States v. Raul Villareal Pesina

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul Villareal PESINA, Defendant-Appellant. No. 91-30416. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 27, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Raul Villareal Pesina appeals his sentence under the United States Sentencing Guidelines ("Guidelines" or "U.S.S.G."), following entry of a guilty plea, for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Pesina contends that the district court erred by failing to depart downward from the applicable Guidelines range. He argues that (1) his role as co-breadwinner in a family with young children and/or (2) the alleged violation of his due process rights because he was prosecuted in federal rather than state court justify a downward departure. We dismiss the appeal. 3 A district court's discretionary…