Narrative Opinion Summary
Gabriel Gomez-Hernandez appeals his sentence following a guilty plea for illegally reentering the United States under 8 U.S.C. § 1326(a), with a sentencing enhancement under § 1326(b)(2). He argues that the district court erred in not granting a downward departure based on Mexico's poor economic conditions. The record indicates that the district court did not believe it lacked discretion to depart downward. However, the appellate court lacks jurisdiction to review a district court's discretionary refusal to grant such departures, as established in *United States v. Lipman*, 133 F.3d 726, 732 (9th Cir. 1997), citing *United States v. Webster*, 108 F.3d 1156, 1158 (9th Cir. 1997). Consequently, the court affirms the district court’s decision, and this disposition is not for publication or citation, according to Ninth Circuit Rule 36-3.
Legal Issues Addressed
Jurisdiction Over Discretionary Sentencing Decisionssubscribe to see similar legal issues
Application: The appellate court lacks jurisdiction to review the district court's discretionary decision not to grant a downward sentencing departure based on economic conditions.
Reasoning: The appellate court lacks jurisdiction to review a district court's discretionary refusal to grant such departures, as established in *United States v. Lipman*, 133 F.3d 726, 732 (9th Cir. 1997), citing *United States v. Webster*, 108 F.3d 1156, 1158 (9th Cir. 1997).
Non-Publication and Citation of Dispositionssubscribe to see similar legal issues
Application: The court's decision is designated as non-precedential and not for publication or citation under Ninth Circuit Rule 36-3.
Reasoning: Consequently, the court affirms the district court’s decision, and this disposition is not for publication or citation, according to Ninth Circuit Rule 36-3.
Sentencing Under 8 U.S.C. § 1326subscribe to see similar legal issues
Application: Gabriel Gomez-Hernandez was sentenced under 8 U.S.C. § 1326(a) with an enhancement under § 1326(b)(2) for illegally reentering the United States.
Reasoning: Gabriel Gomez-Hernandez appeals his sentence following a guilty plea for illegally reentering the United States under 8 U.S.C. § 1326(a), with a sentencing enhancement under § 1326(b)(2).