United States of America, Plaintiff-appellee, v. Anibal Cardona-hernandez, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 142 F.3d 446 (9th Cir. 1998) .Submitted April 20, 19982. Decided April 28, 1998

Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding.

Before BRUNETTI, RYMER and T.G. NELSON, Circuit Judges.

MEMORANDUM1 

Anibal Cardona-Hernandez appeals his sentence imposed following this court's remand. We dismiss.

Cardona-Hernandez contends that the record is ambiguous as to whether the district court recognized its authority to depart downward from the Guidelines on the basis of an imperfect duress defense. We have examined a transcript of the sentencing hearing and conclude that the district court recognized its authority to depart downward. "We lack jurisdiction to review a district court's discretionary refusal to depart downward from the Guidelines." See United States v. Webster, 108 F.3d 1156, 1158 (9th Cir. 1997). Accordingly, this appeal is

DISMISSED.

 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

 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

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