United States v. Enrique Rodriguez-Galindo

5 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enrique RODRIGUEZ-GALINDO, Defendant-Appellant. No. 93-50014. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 20, 1993. Appeal from the United States District Court for the Central District of California; D.C. No. CR-92-00757-DT(RS); Dickran M. Tevrizian, District Judge, Presiding. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 Enrique Rodriguez-Galindo appeals his 77-month sentence imposed following entry of his guilty plea to illegal reentry into the United States in violation of 8 U.S.C. Sec. 1326 . Rodriguez-Galindo contends the district court erred by refusing to depart downward based upon the circumstances surrounding his arrest by state authorities. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 2 Because the district court stated that it lacked the authority to depart downward, we have…