United States v. Jose Mary Garcia

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Mary GARCIA, Defendant-Appellant. No. 94-30389. United States Court of Appeals, Ninth Circuit. June 26, 1995. * Decided July 3, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Mary Garcia appeals the sentence of 120 months imposed following his plea of guilty to drug offenses. Garcia argues that the district court did not make a proper determination whether his heart condition justified a downward departure under Guideline section 5H1.4. We are without jurisdiction to consider this claim, and we dismiss. 3 We lack jurisdiction to review a district court's discretionary refusal to depart below the sentencing range indicated by the federal guidelines. United States v. Morales, 898 F.2d 99 (9th Cir. 1990). The Guidelines provide that "an extraordinary physical impairment may be a reason to impose a sentence below the…