United States v. Miguel Angel Nunez-Quintero

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miguel Angel NUNEZ-QUINTERO, Defendant-Appellant. No. 92-10375. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 12, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Miguel Nunez-Quintero appeals from his sentence, imposed after he pleaded guilty to violating 8 U.S.C. § 1326 (b)(2) by illegally reentering the United States after deportation following an aggravated felony conviction. Nunez-Quintero contends that the district court erred by failing to recognize its discretion to depart below the minimum sentence dictated by the United States Sentencing Guidelines. We lack jurisdiction to review his claim and dismiss the appeal. 3 "[W]e lack jurisdiction to review a district court's discretionary decision not to depart downward" from the Guidelines. United States v. Garcia-Garcia, 927…