United States of America, Plaintiff-appellee, v. Antonio Sanchez-rodriguez, Defendant-appellant, 145 F.3d 1343 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 145 F.3d 1343 (9th Cir. 1998) May 22, 1998

Appeal from the United States District Court for the Southern District of California.

Before: SCHROEDER, TROTT, and FERNANDEZ, Circuit Judges.

MEMORANDUM1 

THOMPSON, Senior J., Presiding

Submitted May 14, 19982 

Antonio Sanchez-Rodriguez appeals his conviction, pursuant to a guilty plea, and sentence for being a deported alien found in the United States in violation of 18 U.S.C. § 1326(a) and (b) (1). Sanchez-Rodriguez contends that the district court failed to recognize its discretion to depart downward, pursuant to U.S.S.G. § 5K2.0, based on his agreement to stipulate to an order of deportation and his waiver of his right to challenge the deportation.

We have examined a transcript of the sentencing hearing and conclude that the district court recognized its discretion to depart downward. We lack jurisdiction to consider the district court's discretionary decision not to depart downward. See United States v. Lipman, 133 F.3d 726, 729 (9th Cir. 1998).

DISMISSED.

 1

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

 2

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

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