Case: 21-11085 Document: 00516336132 Page: 1 Date Filed: 05/27/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 27, 2022
No. 21-11085
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesus Carreon-Grimaldo,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-658-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Jesus Carreon-Grimaldo appeals the 110-month sentence imposed as
a result of his conviction for illegal reentry after having been removed. See 8
U.S.C. § 1326(a), (b)(1). His sole argument on appeal is that we have
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-11085 Document: 00516336132 Page: 2 Date Filed: 05/27/2022
No. 21-11085
jurisdiction to review the district court’s denial of his motion for a downward
departure or variance made pursuant to U.S.S.G. 2L1.2, comment. (n.7).
Carreon-Grimaldo concedes that the argument is foreclosed by United
States v. Lucas, 516 F.3d 316, 350-51 (5th Cir. 2008), and United States v.
Alaniz, 726 F.3d 586, 627 (5th Cir. 2013), but he wishes to preserve it for
further review. The Government has moved, without opposition, for
summary affirmance or, in the alternative, for an extension of time in which
to file a brief on the merits.
There is nothing in the record to indicate that the district court
erroneously believed that it did not have the authority to depart. See United
States v. Fillmore, 889 F.3d 249, 255 (5th Cir. 2018). Therefore, we do not
have jurisdiction to review the denial of the motion for a downward
departure. See id. Accordingly, this appeal is DISMISSED for lack of
jurisdiction. The motion for summary affirmance is DENIED. The
Government’s alternative motion for an extension of time is, likewise,
DENIED.
2