United States v. Roberto Flores-Garcia

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto FLORES-GARCIA, Defendant-Appellant. No. 95-50498. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Roberto Flores-Garcia appeals his 63-month sentence following a guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1362 (a) and (b)(2). Flores-Garcia contends that the district court erred by refusing to depart downward for extraordinary family responsibilities under U.S.S.G. § 5H1.6. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . 3 The district court's discretionary refusal to depart downward from the Sentencing Guidelines is not reviewable on appeal, unless the trial court indicated that it did not have legal authority to depart. United States v. Pinto, 48…