USA v. Ruiz-Nunez

Filing 920070619

Opinion

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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 No. 06-50706 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE RUIZ-NUNEZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 7:05-CR-243-ALL -------------------Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* Jorge Ruiz-Nunez (Ruiz) appeals the sentence following his guilty-plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the district June 19, 2007 Charles R. Fulbruge III Clerk 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 Consequently, the appeal is DISMISSED. (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

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