United States v. Mario Rafael Ybarra-Flores

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Rafael YBARRA-FLORES, Defendant-Appellant. No. 91-50710. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 10, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Mario Rafael Ybarra-Flores appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines), following his plea of nolo contendere to conspiring to possess with intent to distribute 270 kilograms of cocaine in violation of 21 U.S.C. § 841 (a)(1). Ybarra-Flores claims the district court erred, first, by failing to depart downward because his crime constituted a single act of aberrant behavior and, second, by declining to depart more than the government recommended based on assistance he rendered in another investigation. Because Ybarra-Flores waived his right to appeal, we decline to review these claims and we…