United States of America, Plaintiff-appellee, v. Francisco Cention-romero, Defendant-appellant, 46 F.3d 1146 (9th Cir. 1995)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 46 F.3d 1146 (9th Cir. 1995) Submitted: Dec. 19, 1994. Decided: Jan. 6, 1995

Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges.

MEMORANDUM** 

Francisco Cention-Romero appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to illegal re-entry in violation of 8 U.S.C. § 1326(b) (2). Cention-Romero contends that the district erred in not departing downward because his criminal history score overstated the seriousness of his prior conduct. The District Court judge stated at the sentencing hearing "I understand I have discretion here, but I decline to give a downward departure." Because a district court's discretionary decision not to depart downward is not reviewable on appeal, United States v. Morales, 898 F.2d 99, 103 n.2 (9th Cir. 1990), we AFFIRM.

 *

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.