United States v. Joel Fabela-Alanis ( 1992 )

968 F.2d 1221

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Joel FABELA-ALANIS, Defendant-Appellant.

No. 91-50732.

United States Court of Appeals, Ninth Circuit.

Submitted July 8, 1992.*
Decided July 13, 1992.

Before POOLE, BEEZER and KOZINSKI, Circuit Judges.

1

MEMORANDUM**

2

Joel Fabela-Alanis appeals his sentence under the United States Sentencing Guidelines ("Guidelines"), imposed following conviction on a guilty plea, for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C. § 2. Fabela-Alanis contends that the district court erred by abdicating its discretion to depart below the government's sentencing recommendation. We dismiss the appeal.

3

The extent of a district court's downward departure from the applicable Guidelines range is not reviewable on appeal. United States v. Dickey, 924 F.2d 836, 838 (9th Cir.), cert. denied, 112 S.Ct. 383 (1991).

4

DISMISSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3