United States v. Oscar Villa-Fabela

Good Law
5 F.3d 544·1993 WL 309680·1993 U.S. App. LEXIS 30725
United States Court of Appeals for the Ninth CircuitAugust 11, 199393-30019California746 words

Opinion

Opinion

5 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Oscar VILLA-FABELA, Defendant-Appellant. No. 93-30019. United States Court of Appeals, Ninth Circuit. Submitted Aug. 6, 1993. * Decided Aug. 11, 1993. Appeal from the United States District Court for the District of Alaska; H. Russel Holland, District Judge, Presiding. D.Alaska. DISMISSED. Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Oscar Villa-Fabela appeals from the 15 month sentence imposed by the district court under the Sentencing Guidelines. Villa-Fabela pled guilty to one count of Unlawful Re-entry of a Deported Alien pursuant to Title 8 U.S.C. Sec. 1326 (a). The district court calculated Villa-Fabela's criminal history category at IV, and refused Villa-Fabela's request for a downward departure. 3 Villa-Fabela contends that the district court erred by refusing to depart downward. Because we have no authority to review a district…

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