United States of America, Plaintiff-appellee, v. Freddy Gomez-torres, Defendant-appellant, 67 F.3d 309 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 67 F.3d 309 (9th Cir. 1995) Submitted Sept. 18, 1995. *Decided Sept. 27, 1995

Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges.

MEMORANDUM** 

Freddy Gomez-Torres appeals his 33-month sentence imposed following a jury trial for conspiracy to transport and harbor illegal aliens in violation of 18 U.S.C. § 371, and transporting illegal aliens in violation of 8 U.S.C. §§ 1324(a) (1) (B) & (C). Gomez-Torres contends that district court erred by concluding that it lacked discretion to grant him downward departure. We dismiss Gomez-Torres's appeal for lack of jurisdiction.

Gomez-Torres contends that he should have been granted downward departure because: (1) he received a higher sentence than his mother, a codefendant, who played a greater role in the offense of conviction; (2) he played a minimal role in the offense of conviction; and (3) his youth and the influence of his mother as a co-defendant prevented him from exercising his independent judgment.

A district court's discretionary refusal to depart downward is not reviewable on appeal. United States v. Morales, 972 F.2d 1007, 1011 (9th Cir. 1992), cert. denied, 113 S. Ct. 1665 (1993).

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

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