United States v. Martin Aguirre-Joya

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martin AGUIRRE-JOYA, Defendant-Appellant. No. 93-50716. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1994. * Decided June 15, 1994. Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The district court's discretionary refusal to depart downward from the sentencing guidelines is not subject to review on appeal. United States v. Morales, 898 F.2d 99, 100 (9th Cir.1990). Aguirre-Joya argues that Morales does not apply because the record is unclear as to whether the district court exercised its discretion in refusing to depart downward or whether the court believed that it lacked the authority to depart downward. 3 At the sentencing hearing, the court stated: 4 [t]he justification for the sentence is as stated by the probation department. The defendant has been deported at least four separate times and has an extensive…