Narrative Opinion Summary
Joel Alvarado-Hernandez appeals a sentence of 36 months and one week following a guilty plea for illegal reentry of a deported alien under 8 U.S.C. § 1326. The appeal is dismissed for lack of jurisdiction. Alvarado-Hernandez argues that the district court mistakenly believed it lacked discretion to depart downward based on cultural assimilation, referencing United States v. Lipman. However, the record indicates that the district court considered his cultural assimilation argument but chose not to exercise discretion for a downward departure based on the specifics of the case. The decision not to depart downward is deemed discretionary, as established in United States v. Dubose. Consequently, the appellate court lacks jurisdiction to review this discretionary decision. The case is dismissed, and the disposition is not suitable for publication or citation within the circuit, as per 9th Cir. R. 36-3.
Legal Issues Addressed
Cultural Assimilation in Sentencingsubscribe to see similar legal issues
Application: The district court acknowledged and considered the argument of cultural assimilation in sentencing but chose not to exercise discretion for a downward departure.
Reasoning: The record indicates that the district court considered his cultural assimilation argument but chose not to exercise discretion for a downward departure based on the specifics of the case.
Discretionary Sentencing Decisionssubscribe to see similar legal issues
Application: The district court's decision not to grant a downward departure based on cultural assimilation is considered discretionary.
Reasoning: The decision not to depart downward is deemed discretionary, as established in United States v. Dubose.
Jurisdiction of Appellate Courtsubscribe to see similar legal issues
Application: The appellate court lacks jurisdiction to review a district court's discretionary decision not to depart downward in sentencing.
Reasoning: The appeal is dismissed for lack of jurisdiction.
Publication and Citation of Judicial Dispositionssubscribe to see similar legal issues
Application: The disposition of this case is not suitable for publication or citation within the circuit.
Reasoning: The case is dismissed, and the disposition is not suitable for publication or citation within the circuit, as per 9th Cir. R. 36-3.