United States v. Jose Esquivel Martinez

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Esquivel MARTINEZ, Defendant-Appellant. No. 95-50536. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1996. * Decided Aug. 5, 1996. Before: HUG, Chief Judge, SCHROEDER and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Jose Esquivel Martinez appeals his sentence under the Sentencing Guidelines following his guilty plea conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a) and (b)(2). Martinez contends that the district court erred by denying him a downward departure based on his mental condition. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 Martinez contends that the district court only considered his request for a downward departure under U.S.S.G. 5K2.13, and therefore mistakenly believed that it lacked authority to depart downward pursuant to U.S.S.G. §§ 5H1.3…