United States v. Raquel Valencia-Vargas

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raquel VALENCIA-VARGAS, Defendant-Appellant. No. 94-55326. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Raquel Valencia-Vargas appeals the district court's denial of her motion made under 18 U.S.C. Sec. 3582 (c), or in the alternative under 28 U.S.C. Sec. 2255 , for modification of her sentence because of a favorable post-sentencing amendment to the United States Sentencing Guidelines. Valencia-Vargas contends the district court erred by declining to reduce her sentence following the effective date of Amendment 490 to the Guidelines. She also argues that a subsequent decision of this court invalidated the basis for the district court's upward departure in the instant case. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2255, and affirm. 3…