United States of America, Plaintiff-appellee, v. Mario Flores-rivera, Defendant-appellant, 82 F.3d 424 (9th Cir. 1996)

MEMORANDUM^** 

Mario Flores-Rivera appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(b) (2). Flores-Rivera contends that the district court erred by refusing to depart downward pursuant to U.S.S.G. § 5K2.0 based on Flores-Rivera's reliance on written representations by the INS regarding maximum penalties for illegal reentry and based on family circumstances--namely, that Flores-Rivera was the only person who could help his mother who was very ill.

To the extent that Flores-Rivera sought departure based on detrimental reliance on INS misinformation, the district court properly refused to depart on that basis. See United States v. Sanchez-Montoya, 30 F.3d 1168, 1169 (9th Cir. 1994); Ullyses-Salazar, 28 F.3d 932, 936-37 (9th Cir. 1994).

To the extent that Flores-Rivera sought departure based on extreme family circumstances, there is no indication in the record that the district court believed it lacked authority to depart on that basis, and we therefore lack jurisdiction to review its discretionary decision not to depart. See United States v. Garcia-Garcia, 927 F.2d 489, 490-91 (9th Cir. 1991).

AFFIRMED.