103 F.3d 143: United States of America, Plaintiff-appellee, v. Felicitas Sanchez-de Toscano, Defendant-appellant
United States Court of Appeals, Ninth Circuit. - 103 F.3d 143
Submitted Dec. 2, 1996.*Decided Dec. 5, 1996
Before: SNEED, TROTT and THOMAS, Circuit Judges.
Felicitas Sanchez-De Toscano appeals her sentence under the Sentencing Guidelines for her guilty plea conviction to transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Sanchez contends that the district court erred by "departing upward" from the 24 month custody recommendation of the government and the presentence report. The district court, however, did not "depart upward," but rather sentenced Sanchez within the applicable guideline range of 27 to 33 months, which was based on a higher Criminal History Category than that contemplated by the parties in the plea agreement. Sanchez did not object to the Category, and we have no jurisdiction to review the district court's choice of sentence within the guideline range. United States v. Pelayo-Bautista, 907 F.2d 99, 101 (9th Cir.1990). Accordingly, Sanchez's appeal is