United States v. Alejandro Rosas-Diaz

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alejandro ROSAS-DIAZ, Defendant-Appellant. No. 94-50511. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Appeal from the United States District Court, for the Southern District of California, D.C. No. CR-94-00106-1-WBE; William B. Enright, District Judge, Presiding. S.D.Cal. DISMISSED Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Alejandro Rosas-Diaz appeals his 210-month sentence imposed following a guilty plea to aiding and abetting possession of cocaine with the intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1), 18 U.S.C. Sec. 2 . Rosas-Diaz contends that his attorney was incompetent by failing to argue at sentencing for a downward departure based upon aberrant behavior. We have jurisdiction under 28 U.S.C. Sec. 1291 and dismiss the appeal. 3 A defendant may waive the right…