United States v. Juan Carlos Benitez-Perdomo, AKA Juan Carlos Perdomo-Benitez

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan Carlos BENITEZ-PERDOMO, aka Juan Carlos Perdomo-Benitez, Defendant-Appellant. No. 95-50411. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided July 24, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 Juan Carlos Benitez-Perdomo appeals his sentence imposed under the Sentencing Guidelines following his guilty plea to being an alien unlawfully found in the United States after being convicted of a felony and deported ( 8 U.S.C. § 1326 (b)(1)). We dismiss for lack of jurisdiction. 4 "[A] district court's discretionary decision not to depart downward from the guidelines is not subject to review on appeal." United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990); see also United States v. Staufer, 38 F.3d 1103, 1108 (9th Cir.1994). "An exception to this rule exists when…