From Casetext: Smarter Legal Research

U.S. v. Rodriquez-Vasquez

United States Court of Appeals, Ninth Circuit
Oct 24, 1997
127 F.3d 1108 (9th Cir. 1997)

Opinion


127 F.3d 1108 (9th Cir. 1997) United STATES of America, Plaintiff-Appellee, v. Ernesto Rodriquez-Vasquez, Defendant-Appellant. United States Court of Appeals, Ninth Circuit October 24, 1997

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Submitted Oct. 20, 1997

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

Appeal from the United States District Court for the District of Hawaii

Alan C. Kay, District Judge, Presiding

Before: THOMPSON, T.G. NELSON and KLEINFELD, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

KAY

Einesto Rodriguez-Vasquez appeals his sentence imposed following his guilty plea to being a deported alien found in the United States following an aggravated felony conviction. We dismiss.

Rodriguez-Vasquez contends that the district court should have departed downward from the Guidelines because he has "turned his life around." "We lack jurisdiction to review a district court's discretionary refusal to depart downward from the Guidelines." United States v. Webster, 108 F.3d 1156, 1158 (9th Cir.1997) (citation omitted). Contrary to Rodriguez-Vasquez's contention, the fact that the district court orally advised Rodriguez-Vasquez of the right to appeal his sentence does not confer jurisdiction upon this court to review the merits of his downward departure claim. See United States v. Morales, 898 F.2d 99, 101-102 (9th Cir.1990) (this court lacks statutory jurisdiction to review downward departure claim)

DISMISSED.


Summaries of

U.S. v. Rodriquez-Vasquez

United States Court of Appeals, Ninth Circuit
Oct 24, 1997
127 F.3d 1108 (9th Cir. 1997)
Case details for

U.S. v. Rodriquez-Vasquez

Case Details

Full title:United STATES of America, Plaintiff-Appellee, v. Ernesto…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 24, 1997

Citations

127 F.3d 1108 (9th Cir. 1997)

Citing Cases

United States v. Babbitt

Leocal v. Ashcroft, 543 U.S. 1, 8-9, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004) (quoting Smith v. United States,…

Johnson v. Cnty. of Santa Clara

-indeed, the Ninth Circuit had previously characterized Plaintiff's suggestion as “trivializ[ing] the eighth…