United States v. Juan Carlos Nunez

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan Carlos NUNEZ, Defendant-Appellant. No. 93-50207. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 1, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Juan Carlos Nunez appeals his 24-month sentence, imposed following his guilty plea to reentering the United States after deportation in violation of 8 U.S.C. Sec. 1326 (a). Nunez contends the district court erred by rejecting the government's recommendation for a 15-month sentence, thereby denying him the benefit of his plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 While the Sentencing Reform Act does not authorize appellate review of a lawful sentence within the applicable Sentencing Guidelines range, United States v. Pelayo-Bautista, 907 F.2d 99, 101 (9th Cir.1990), sentences that are unlawfully imposed are…