United States v. Jose Roberto Moreno

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Roberto MORENO, Defendant-Appellant. No. 93-50147. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Sept. 29, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Jose Roberto Moreno appeals his 77-month sentence imposed following his guilty plea for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a), (b)(1), and (b)(2). Moreno contends that the district court erred by ruling that it lacked authority to depart downward from the applicable Guidelines range based upon Moreno's alleged family hardship due to his inevitable deportation. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Generally, 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).…