United States v. Mario Flores-Rivera

82 F.3d 424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario FLORES-RIVERA, Defendant-Appellant. No. 95-50448. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided April 1, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Mario Flores-Rivera appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (b)(2). Flores-Rivera contends that the district court erred by refusing to depart downward pursuant to U.S.S.G. § 5K2.0 based on Flores-Rivera's reliance on written representations by the INS regarding maximum penalties for illegal reentry and based on family circumstances--namely, that Flores-Rivera was the only person who could help his mother who was very ill. 3 To the extent that Flores-Rivera sought departure based on detrimental…