United States v. Ciro Quezada-Mena, AKA Ciro Quezada-M, AKA Ciro Quezada

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ciro QUEZADA-MENA, aka Ciro Quezada-M, aka Ciro Quezada, Defendant-Appellant. No. 95-30212. United States Court of Appeals, Ninth Circuit. Submitted March 14, 1996. * Decided April 30, 1996. 1 Before: CHOY, SKOPIL, FERGUSON, Circuit Judges 2 MEMORANDUM ** 3 Ciro Quezada-Mena appeals his sentence for reentering the country illegally as a deported alien in violation of 8 U.S.C. § 1326 (a). He contends that the district court erred when it determined it lacked the legal authority to depart downward on the basis of extraordinary family circumstances. Because it is unclear whether the district court knew it had the authority to depart downward, we vacate Quezada-Mena's sentence and remand to give the district court an opportunity to decide if it wishes to exercise its discretion. See United States v. Eaton, 31 F.3d 789, 793 (9th Cir.1994); United States v. Udo, 963…