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.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:06-CR-30002
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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. We lack jurisdiction to review
this ruling. 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this opinion should not be published and is not precedent except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
-2-
APPEAL DISMISSED.