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UNITED STATES of America, Plaintiff-Appellee, v. Angel MAYORGA-SILVA, aka Mario Lopez; Ramiro Sanchez-Carrias, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2001-02-22No. No. 00-10087; D.C. No. CR-99-00293-JBR
11 F. App'x 710

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Opinion

majority opinion

MEMORANDUM

Angel Mayorga-Silva appeals his 77-month sentence imposed following his guilty plea to one count of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326(a) and (b). We dismiss.

Mayorga-Silva contends that the district court erred when it denied his request for a downward departure based on sentencing disparities among district courts within the Ninth Circuit. Because the record indicates that the district court exercised its discretion in denying Mayorga-Silva’s request for downward departure, we lack jurisdiction to review the district court’s decision. United States v. Pinto, 48 F.3d 384, 389 (9th Cir.1995).

DISMISSED.

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