United States v. Jesus Enrique Barrera-Barron

EBEL, Circuit Judge. *

Jesus Enrique Barrera-Barron [“Barrera”], the defendant-appellant, appeals from the district court’s refusal to grant him a downward departure under the United States Sentencing Guidelines. Because the district court’s decision to deny the downward departure was a discretionary decision, we lack jurisdiction to review it and therefore dismiss the appeal.

Border Patrol agents arrested Barrera and his co-defendant, Luis Fernando Aguirre-Aguilar [“Aguirre”], at a border checkpoint after finding marijuana in a tractor trailer that Barrera was driving. Aguirre was a passenger…