United States of America, Plaintiff-appellee, v. Rodrigo Jaurique Umali, Defendant-appellant, 65 F.3d 177 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 65 F.3d 177 (9th Cir. 1995) Submitted Aug. 16, 1995. *Decided Aug. 22, 1995

Before: ALARCON, FERNANDEZ and RYMER, Circuit Judges.


Rodrigo Jaurique Umali appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for conspiracy to sell firearms to a felon. Umali contends that the district court improperly denied his request for a downward departure on the ground that his criminal history category overrepresented his misdemenor conviction for nonsupport. We lack jurisdiction to review the district court's discretionary refusal to depart downward. See United States v. Heim, 15 F.3d 830, 833 (9th Cir.), cert. denied, 115 S. Ct. 55 (1994).



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