United States v. Arnoldo Quihuis-Perez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arnoldo QUIHUIS-PEREZ, Defendant-Appellant. No. 93-10111. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Oct. 5, 1993. Before: CHOY, GOODWIN and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Arnoldo Quihuis-Perez pled guilty to conspiring to distribute marijuana and was sentenced to 45 months imprisonment. He appeals from this sentence, arguing that the district court erroneously believed that a downward departure for aberrant behavior was not available. We dismiss for lack of jurisdiction. 3 The plea agreement provided for a maximum sentence of 45 months. Although the sentencing guideline range was calculated to be 63 to 78 months, the district court made a downward departure to 45 months in recognition of the appellant's cooperation with the government and in accordance with the plea agreement. The appellant requested a…