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917 F2d 29 United States v. Soto

917 F.2d 29

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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.
Demetrio Zepeda SOTO, Defendant-Appellant.

No. 89-30260.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 23, 1990.*
Decided Oct. 25, 1990.

Before HUG, NELSON and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Demetrio Zepeda Soto appeals from his conviction, following a guilty plea, for conspiracy to possess a controlled substance, in violation of 21 U.S.C. Secs. 841(a)(1), 846, and for possession of a firearm during a drug trafficking crime, in violation of 18 U.S.C. Sec. 924(c)(1). Soto challenges the district court's refusal to make a downward departure from the sentencing range recommended by the Guidelines. This court lacks jurisdiction to hear this challenge. See United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990). Accordingly, this appeal is

3

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