Unpublished Disposition, 899 F.2d 20 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 899 F.2d 20 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.John VASQUEZ, Jr., Defendant-Appellant.

No. 89-50252.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 11, 1990.* Submission Vacated Jan. 19, 1990.Resubmitted March 5, 1990.Decided April 5, 1990.

Before SCHROEDER, FARRIS and NOONAN, Circuit Judges.


ORDER** 

John Vasquez, Jr. seeks to appeal from his sentence imposed under the Sentencing Guidelines. Mr. Vasquez contends that the district court should have made a further downward departure from that recommended by the government pursuant to the plea agreement. The result is controlled by our recent decision in United States v. Morales, No. 89-10168, slip op. at 2430 (9th Cir. March 5, 1990), in which we held that this court does not have jurisdiction to review the discretionary denial of downward departure.

The appeal is DISMISSED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

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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