U.S. v. Pedroza

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Lino Santana PEDROZA…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 14, 2003

63 F. App'x 346 (9th Cir. 2003)

Opinion

63 Fed.Appx. 346 (9th Cir. 2003) UNITED STATES of America, Plaintiff-Appellee, v. Lino Santana PEDROZA, Defendant-Appellant. No. 02-30294. D.C. No. CR-98-00059-EJL. United States Court of Appeals, Ninth Circuit. May 14, 2003

Submitted May 12, 2003. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding.

Before PREGERSON, REINHARDT, and GRABER, Circuit Judges.

MEMORANDUM ^**

** 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 Ninth Circuit Rule 36-3.

Lino Santana Pedroza appeals the 130-month amended sentence imposed after the district court granted the government's Fed.R.Crim.P. 35 motion to reduce Pedroza's sentence for substantial assistance. We dismiss.

Pedroza contends that the district court abused its discretion by departing downward only three levels, rather than five levels, for his substantial assistance to the government. See U.S. S.G. § 5K1.1.

We lack jurisdiction to review this contention because there is no indication that the district court failed to recognize its authority to depart further. See United States v. Hanna, 49 F.3d 572, 576 (9th Cir.1995) (stating that a district court's discretionary refusal to depart downward or discretionary decision in fixing the extent of a downward departure pursuant to section 5K1.1 is unreviewable on appeal); United States v. Garcia-Garcia, 927 F.2d 489, 491 (9th Cir.1991) (per curiam).

DISMISSED.