United States of America, Plaintiff-appellee, v. Felicitas Sanchez-de Toscano, Defendant-appellant, 103 F.3d 143 (9th Cir. 1996)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 103 F.3d 143 (9th Cir. 1996) Submitted Dec. 2, 1996. *Decided Dec. 5, 1996

Before: SNEED, TROTT and THOMAS, Circuit Judges.

MEMORANDUM** 

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

DISMISSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 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 9th Cir.R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.