United States v. Severo Zepeda-Valles

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Severo ZEPEDA-VALLES, Defendant-Appellant. No. 95-56756. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 18, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Severo Zepeda-Valles, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion in which he sought to have his sentence of imprisonment reduced by six months. Zepeda-Valles argues that the district court erred by denying the motion because he was entitled to a downward departure under 18 U.S.C. § 3553 (b) because as a deportable alien he is not eligible to serve the last six months of his sentence in a halfway house pursuant to 18 U.S.C. § 3624 (c), and therefore his sentence is more severe than it would be if he was a United States citizen. 3 Zepeda-Valles' motion was properly denied because the…