United States of America, Plaintiff-appellee, v. Hector Alba-esqueda, Defendant-appellant, 78 F.3d 595 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 78 F.3d 595 (9th Cir. 1996) Submitted Feb. 27, 1996. *Decided March 5, 1996

Before: PREGERSON, CANBY and HAWKINS, Circuit Judges.

MEMORANDUM** 

Hector Alba-Esqueda appeals the sentence imposed under the Sentencing Guidelines following his conviction for being an aggravated felony who illegally reentered the United States after deportation in violation of 8 U.S.C. § 1326(b) (2). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Alba-Esqueda contends the district court erred by denying his request for a downward departure in sentence based on imperfect estoppel due to incorrect information from the Immigration and Naturalization Service when Alba-Esqueda was deported. This contention is foreclosed by United States v. Ullyses-Salazar, 28 F.3d 932, 938 (9th Cir. 1994), in which we held that imperfect estoppel is not a ground for a downward departure. See also United States v. Ayala, 35 F.3d 423 (9th Cir. 1994) (applying Ullyses-Salazar) .

AFFIRMED.

 *

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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