United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 04-20072
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEYLA BONILLA-MURILLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:03-CR-202-1
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Leyla Bonilla-Murillo pleaded guilty to an indictment
charging her with violating 8 U.S.C. § 1326(a) and (b)(2). She
was sentenced to a 57-month term of imprisonment.
Bonilla 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. We lack
jurisdiction to review this ruling. See United States v.
*
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this opinion should not be published and is not precedent except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. 04-20072
-2-
Rodriguez-Montelongo, 263 F.3d 429, 431 (5th Cir. 2001). The
appeal is dismissed in part.
Bonilla argues that the district court failed to properly
implement a downward departure granted on the basis of an over-
represented criminal history category. Her assertion that the
district court intended to grant two separate departures is
belied by the proceedings at Bonilla’s sentencing hearing. The
sentence is affirmed.
For the foregoing reasons, the judgment of the district
court is AFFIRMED IN PART; and the appeal is DISMISSED IN PART.