United States v. Israel Chavez-Garcia

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Israel CHAVEZ-GARCIA, Defendant-Appellant. No. 93-30273. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 14, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Israel Chavez-Garcia appeals from his sentence imposed following his conviction for possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861 (d). Chavez-Garcia contends that the district court erred by refusing to depart downward for aberrant behavior and by imposing a fine. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The district court's discretionary refusal to depart downward is not reviewable on appeal. United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir.), cert. denied, 113 S.Ct. 258 (1992). At Chavez-Garcia's sentencing hearing, the district court stated: "The Court is of the view that it…