U.S. Court of Appeals for the Ninth Circuit, 2003

United States v. Garcia-Perez

United States v. Garcia-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided August 20, 2003
72 F. App'x 716

United States v. Garcia-Perez

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.