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United States v. Torres-Aquino
Citation: 16 F. App'x 899Docket: No. 01-2009
Court: Court of Appeals for the Tenth Circuit; August 7, 2001; Federal Appellate Court
Defendant-Appellant Jesus Torres-Aquino appeals the district court's denial of his motion for a downward departure from his sentence after pleading guilty to possessing cocaine, an aggravated felony. Following his 120-day jail sentence and deportation to Mexico in 1993, Torres-Aquino was arrested in 2000 for unlawful re-entry after deportation, violating 8 U.S.C. § 1326(a)(1), (2), and (b)(2). Although the typical maximum penalty for unlawful re-entry is two years, he was sentenced to 41 months due to an enhancement for having been deported after an aggravated felony conviction. Torres-Aquino sought a downward departure based on the perceived lack of seriousness of his underlying felony, referencing Application Note 5 of U.S. Sentencing Guidelines Manual § 2L1.2. At sentencing, the district court acknowledged its authority to grant a downward departure but opted not to do so, stating that the case did not meet the criteria for such a departure. Torres-Aquino contended that this constituted legal error, arguing that he satisfied the criteria for departure. However, the appellate court found that the district court was aware of its authority to depart downward but chose not to based on the case's facts. Citing precedent, the court affirmed that it lacks jurisdiction to review a sentencing court's refusal to depart from the Sentencing Guidelines when the court understands its authority but declines to exercise it. Consequently, the appellate court dismissed the case for lack of subject-matter jurisdiction. The order and judgment serve as non-binding precedent, except under specific legal doctrines.