United States v. Rene Luna-Zamora

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rene LUNA-ZAMORA, Defendant-Appellant. No. 95-50061. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Rene Luna-Zamora appeals his 46 month sentence imposed after he pleaded guilty to importing cocaine. Luna-Zamora argues that the district court was unaware that it had the authority to determine the extent of the downward departure once the government moved for a substantial assistance departure. We dismiss for lack of appellate jurisdiction. 3 After the district court granted the government's motion to depart, the government recommended a three-level reduction and Luna-Zamora requested five levels. The district court stated, "the Government has requested three levels and I'm going to grant three levels." The court elaborated that: "I'm not going…