United States v. Maya-Flores
Docket: No. 00-50372; D.C. No. CR-00-00278-TJW
Court: Court of Appeals for the Ninth Circuit; February 22, 2001; Federal Appellate Court
Jose Aaron Maya-Flores appeals a 24-month sentence for importing marijuana and possession with intent to distribute. He argues that the district court erred by denying his request for a downward departure based on aberrant behavior under U.S.S.G. 5K2.20. The court found it had the discretion to depart but ultimately chose not to, rendering the decision non-reviewable on appeal as established in United States v. Timbana. Consequently, the appeal is dismissed. This ruling is not intended for publication and cannot be cited except as permitted by 9th Cir. R. 36-3.