Yanez-Plancarte

MEMORANDUM **

Jesus Yanez-Plancarte appeals the sentence imposed following his guilty plea to being an alien found in the United States following deportation in violation of 8 U. S.C. § 1326.

The record is insufficiently developed to address on direct appeal Yanez-Planearte’s claims of ineffective assistance of counsel. United States v. Reyes-Platero, 224 F.3d 1112,1116 (9th Cir.2000).

Because there is no indication in the record that the district court believed it lacked authority to grant a downward departure based on a “combination of factors,” the district court’s failure to depart on that basis sua sponte is not appealable. United States v. Garcia-Garcia, 927 F.2d 489 (9th Cir.1991) (failure to depart, when the record is silent on the issue of authority and sentence is imposed within the applicable guideline range, is not appealable); cf. United States v. Castillo-Casiano, 198 F.3d 787, 790 (9th Cir.1999), amended, 204 F.3d 1257 (9th Cir.2000) (reviewing for plain error the district court’s failure to depart sua sponte on a ground that was barred by law at the time of sentencing).

AFFIRMED.

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