United States v. Garcia-Perez

72 F. App'x 716

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 20, 2003
• Docket: No. 02-10639; D.C. No. CR-02-00968-JMR
• Status: Published

Opinion

MEMORANDUM

**

Eulogio Garcia-Perez appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) with a sentencing enhancement under 8 U.S.C. § 1326(b)(2).

Garcia-Perez’s contention, that the district court erred in refusing to depart downward based on his cultural assimilation, is not reviewable on appeal because the denial of the departure was a proper exercise of the district court’s discretion. United, States v. Wetchie, 207 F.3d 632, 636 (9th Cir.2000). We do not consider Garcia-Perez’s remaining contention, that he should have received a departure based on “saving to the government,” which he raises for the first time on appeal. United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991).***

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Appellant’s unopposed motion to withdraw an argument from his opening brief is granted.