United States v. Jesus Garcia-Mota

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus GARCIA-MOTA, Defendant-Appellant. No. 94-50311. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Appeal from the United States District Court for the Central District of California, No. CR-94-00060-SVW; Stephen V. Wilson, District Judge, Presiding. Before: SNEED, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Garcia-Mota appeals his sentence of 30 months following a conviction, pursuant to a guilty plea, for illegal reentry by a deported alien in violation of 8 U.S.C. Sec. 1326 (a) and (b)(1). Garcia-Mota contends that the district court erred in failing to grant a downward departure for his voluntary surrender to authorities, pursuant to Sec. 5K2.16 of the Sentencing Guidelines. The government argues that Garcia-Mota waived his right to appeal in a written plea agreement. We have jurisdiction under…