United States v. Ruiz-Nunez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 19, 2007
Charles R. Fulbruge III
No. 06-50706 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE RUIZ-NUNEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:05-CR-243-ALL
--------------------
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Ruiz-Nunez (Ruiz) appeals the sentence following his
guilty-plea conviction for illegal reentry following deportation
in violation of 8 U.S.C. § 1326. He contends that the district
court erred in refusing to depart downward on grounds of cultural
assimilation. The record reflects that the downward departure
was denied because the district court believed it was unwarranted
based on the facts of this case. We lack jurisdiction to review
this ruling. See United States v. Hernandez, 457 F.3d 416, 424
(5th Cir. 2006). Consequently, the appeal is DISMISSED.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.