United States v. Kelly
United States v. Kelly
Opinion of the Court
MEMORANDUM
Peter Alexander Kelly appeals the judgment and sentence imposed following his guilty plea to attempted entry after deportation in violation of 8 U.S.C. § 1326.
We decline to entertain on direct appeal Kelly’s claim that he received ineffective assistance of counsel because the record is insufficiently developed to permit review
We lack jurisdiction to review the district court’s denial of his request for a downward departure based on extraordinary family circumstances and/or a combination of circumstances because the district court expressly indicated that it was denying the request on each ground in its discretion. United States v. Linn, 362 F.3d 1261, 1262 (9th Cir. 2004) (per curiam).
DISMISSED in part and AFFIRMED in part.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.