United States v. Juan Carlos Quiroz-Mendez

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 QUIROZ-MENDEZ, Defendant-Appellant. No. 93-30362. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Juan Carlos Quiroz-Mendez appeals his 46-month sentence imposed following a guilty plea to illegal reentry following deportation subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. Sec. 1326 (b)(2). Quiroz-Mendez challenges the district court's refusal to depart downward from the applicable guideline range. We lack jurisdiction to review this claim, and we dismiss. 3 A district court's discretionary decision not to depart is not reviewable on appeal unless that decision resulted from a legal determination that the Guidelines preclude departure. United States v. Brown, 985 F.2d 478, 480 (9th Cir.1993); see also…