United States v. Jose Flores-Guzman

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 FLORES-GUZMAN, Defendant-Appellant. No. 95-50100. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 3, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Flores-Guzman appeals his 77-month sentence following a guilty plea to illegal reentry after deportation subsequent to a conviction for an aggravated felony in violation of 8 U.S.C. Sec. 1326 (a), (b)(2). Flores-Guzman contends that the district court erred by failing to grant his request for a downward departure. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 The government first contends that we lack jurisdiction to review the discretionary refusal of the district court to depart downward. See United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990). The district court, however, stated, "I don't think I have the…