United States v. Alcala

PER CURIAM: *

Chuy J. Alcala appeals his guilty-plea conviction of possession with intent to distribute a quantity in excess of 50 grams of methamphetamine. Alcala argues that the district court reversibly erred in failing to rule on his request for a downward depar ture. He asserts that a court’s failure to comply with Fed.R.Crim.P. 32(i)(3)(B) may be raised for the first time on appeal and requires resentencing. He contends that it is undisputed that the district court failed to rule on or make any findings with respect to his downward-departure motion.

By imposing a sentence within the…