United States v. Miranda-Jimenez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41482
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER MIRANDA-JIMENEZ, also known as Antonio Salgado Diaz,
also known as Alejandro Bustamante Diaz,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-375-1
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Javier Miranda-Jimenez (“Miranda”) appeals from his sentence
for illegal reentry after deportation. Miranda contends that the
district court erroneously concluded that it lacked the authority
to depart downward under U.S.S.G. § 5H1.6 based on his claim of
extraordinary family responsibilities.
We find nothing in the record which indicates that the
district court held such an erroneous belief, and we therefore
lack jurisdiction to consider the appeal. See United States v.
Yanez-Huerta, 207 F.3d 746, 748 (5th Cir.), cert. denied, 531

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No. 00-41482
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U.S. 981 (2000). Miranda’s request that this court adopt the
approach of other circuits by remanding ambiguous cases is also
without merit. See United States v. Eastland, 989 F.2d 760, 768
n.16 (5th Cir. 1993) (one panel of this court may not overrule
another panel, absent en banc reconsideration or a superseding
decision of the Supreme Court).
APPEAL DISMISSED.

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