United States v. Horlando Barreras-Mota

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Horlando BARRERAS-MOTA, Defendant-Appellant. No. 94-30380. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. Appeal from the United States District Court, for the Western District of Washington, D.C. No. CR-94-0058-01-WLD; William L. Dwyer, District Judge, Presiding. Before: BROWNING, SNEED and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Horlando Barreras-Mota appeals his 50-month sentence imposed following a guilty plea to illegal reentry as a convicted felon in violation of 8 U.S.C. Sec. 1326 (a) and (b)(1). Barreras-Mota contends that the district court improperly denied his request for a downward departure based on diminished mental capacity pursuant to U.S.S.G. Sec. 5K2.13. We dismiss the appeal for lack of jurisdiction. 3 This court lacks jurisdiction to review a district court's discretionary decision not to…