United States v. Urias-Salazar

63 F. App'x 388

Opinion

MEMORANDUM**

Angelica Maria Urias-Salazar appeals the 46-month sentence imposed following her guilty-plea conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a), and conspiracy to import cocaine in violation of 21 U.S.C. § 963 and 952(a). We dismiss for lack of jurisdiction.

Urias-Salazar contends the district court applied an incorrect legal standard when it denied her request for a downward departure under U.S.S.G. § 5K2.13, based on her reduced mental capacity. The record does not support Urias-Sala-zar’s contention. The sentencing transcript indicates that the district court expressly referred to the applicable sentencing guideline after considering extensive testimony and argument regarding Urias-Salazar’s mental and emotional state, and concluded that there was not sufficient evidence to support a mental capacity departure. In such cases, we lack jurisdiction to review the district court’s discretionary refusal to grant a defendant’s request for departure. See United States v. Davis, 264 F.3d 813, 815 (9th Cir.2001).

DISMISSED.

Footnotes

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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.