United States v. Pedro Garcia-Aguilar

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pedro GARCIA-AGUILAR, Defendant-Appellant. No. 92-50551. United States Court of Appeals, Ninth Circuit. Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Pedro Garcia-Aguilar appeals his sentence, imposed following a guilty plea, for importation of marijuana into the United States in violation of 21 U.S.C. §§ 952 , 960. Garcia-Aguilar contends that the district court erred by refusing to depart downward from the applicable Guidelines range because his criminal history category of V overrepresented the seriousness of his criminal history. We dismiss the appeal. 3 A district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Robinson, 958 F.2d 268, 272 (9th Cir.1992). 4 At sentencing, the district court stated that, based on its review of the…