United States v. Jose Luis Escamilla-Hernandez

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Luis ESCAMILLA-HERNANDEZ, Defendant-Appellant. No. 96-50255. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Luis Escamilla-Hernandez appeals his 120-month sentence imposed following his guilty plea to one count of importing cocaine in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we dismiss for lack of jurisdiction. 3 Escamilla-Hernandez contends that the district court should have departed downward on the basis that his criminal history points overrepresented the seriousness of his prior criminal conduct. We disagree. 4 A district court's discretionary refusal to depart downward is not subject to review on appeal, unless the district court based its decision on the belief…