Unpublished Disposition, 923 F.2d 863 (9th Cir. 1991)

MEMORANDUM^** 

Victoriano Jorge Garcia-Arroyo appeals his sentence imposed following a guilty plea to one count of conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. §§ 841(a) (1) and 846. Garcia-Arroyo contends that the district court erred by failing to consider all factors listed in U.S.S.G. Sec. 5K1.1 in determining the extent of a downward departure from the United States Sentencing Guidelines (Guidelines) sentencing range. We dismiss the appeal.

There is no statutory authority for a defendant to appeal the extent to which a district court departs downward from the applicable Guidelines sentencing range. United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (9th Cir. 1990); see also United States v. Morales, 898 F.2d 99, 101 (9th Cir. 1990). Here, the Guidelines sentencing range was determined to be 63-78 months imprisonment. Garcia-Arroyo was sentenced to 36 months. Because the district court departed downward from the Guidelines sentencing range, this court has no jurisdiction to review the extent of the departure. See Vizcarra-Angulo, 904 F.2d at 23.

DISMISSED.