United States v. Rafael Palafox-Sandoval

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael PALAFOX-SANDOVAL, Defendant-Appellant. No. 92-50741. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 6, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Palafox-Sandoval appeals his sentence of 29 months, imposed following his conviction by guilty plea for transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(b). Palafox-Sandoval claims the district court erred by departing upward three levels from the Guidelines range based on the large number of aliens and his dangerous and inhumane treatment of them. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We apply a three-part test to evaluate a district court's decision to depart from the presumptively applicable Guidelines range. United States v. Lira-Barazza, 941 F.2d 745, 746-47 (9th Cir.1991)…