United States of America, Plaintiff-appellee, v. Richard Mario Montoya, Defendant-appellant, 956 F.2d 1168 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 956 F.2d 1168 (9th Cir. 1992) Submitted March 3, 1992. *Decided March 13, 1992

Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

MEMORANDUM^**

We need not decide whether the plea agreement contained an enforceable waiver under United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991). The only point appellant raises concerns the district court's discretionary decision not to depart downward. As counsel must be aware, that decision is not reviewable. United States v. Morales, 898 F.2d 99, 103 (9th Cir. 1990).

DISMISSED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

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