DocketNumber： No. 02-10639; D.C. No. CR-02-00968-JMR
Filed Date： 8/20/2003
Status： Precedential
Modified Date： 11/6/2024
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.