USA v. Maldonado

Filing 920070417


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 06-30976 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE NELSON MALDONADO, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:06-CR-30002 -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Jose Nelson Maldonado pleaded guilty to unlawful reentry into the United States following deportation and was sentenced to 46 months of imprisonment. 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. this ruling. We lack jurisdiction to review See United States v. Hernandez, 457 F.3d 416, 424 (5th Cir. 2006). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * No. 06-30976 -2APPEAL DISMISSED.

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