United States v. Jose Saul Zapien-Miranda, 974 F.2d 1344 (9th Cir. 1992). · Go Syfert
United States v. Jose Saul Zapien-Miranda, 974 F.2d 1344 (9th Cir. 1992). Cases Citing This Book View Copy Cite
40 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: Valentine v. Granville Realty, Inc. (caed, 2025-07-25)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Valentine v. Granville Realty, Inc.
E.D. Cal. · 2025 · signal: see · confidence high
See Wood v. City of Hayward, 974 F.2d 1344 (9th Cir. 1992) (affirming 24 denial of TRO where eviction followed lease termination and parallel state proceedings were 25 pending, and where federal injunctive relief was barred under Younger abstention). 26 Third, Plaintiffs’ RICO allegations, while extensive, rely heavily on conclusory 27 highlighted by Plaintiffs, since their last lawsuit, their alleged deadline for eviction has been continued to September 9, 2025, (see id.), which only further counsels that Defendants would have time to appear and defend against 1 assertions of wire fraud and…
discussed Cited "see" Valentine v. Granville Realty, Inc.
E.D. Cal. · 2025 · signal: see · confidence high
See Wood v. City of Hayward, 974 F.2d 1344 (9th Cir. 1992) (affirming 27 denial of TRO where eviction followed lease termination and parallel state proceedings were 28 pending, and where federal injunctive relief was barred under Younger abstention). 1 Third, Plaintiffs’ RICO allegations, while extensive, rely heavily on conclusory assertions 2 of wire fraud and enterprise conduct.
discussed Cited "see" Newell v. Rolling Hills Apartments
N.D. Iowa · 2001 · signal: see · confidence high
See Wood v. City of Hayward, 974 F.2d 1344 , 1992 WL 209550 (9th Cir.1992) (table op.) (the district court properly held that Younger abstention was appropriate where the plaintifi/tenant brought a claim pursuant to 42 U.S.C. § 1983 in which he claimed that he was being evicted from an airport hanger rented from the city in retaliation for exercising First Amendment rights); Residents of the New Ritz Hotel v. City of Chicago, 2001 WL 58958 (N.D.Ill.
cited Cited "see" United States v. Antonio Marin-Colon
9th Cir. · 1992 · signal: see · confidence high
SEE 974 F.2d 1344 .
Retrieving the full opinion text from the archive…
United States
v.
Jose Saul Zapien-Miranda
92-30008.
Court of Appeals for the Ninth Circuit.
Sep 1, 1992.
974 F.2d 1344
Unpublished

974 F.2d 1344

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Saul ZAPIEN-MIRANDA, Defendant-Appellant.

No. 92-30008.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 24, 1992.[*]
Decided Sept. 1, 1992.

Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges.

1

MEMORANDUM[**]

2

Jose Zapien-Miranda appeals from his sentence, imposed following entry of a guilty plea, for illegal reentry in violation of 8 U.S.C. § 1326. Zapien-Miranda contends that the district court erred by failing to give sufficient notice of its intention to disregard the joint sentencing recommendation to sentence him to the lower end of the applicable range under the United States Sentencing Guidelines. We lack jurisdiction to review Zapien-Miranda's sentence and dismiss the appeal.

3

A sentence imposed within the applicable Guidelines range is not appealable absent a showing that it was imposed in violation of law. United States v. Pelayo-Bautista, 907 F.2d 99, 101 (9th Cir.1990); see 18 U.S.C. § 3742(a). Although we have held that the district court must provide notice of its intention to depart from the applicable Guidelines range, see, e.g., United States v. Brady, 928 F.2d 844, 847 and n. 3, or to reject the recommendations of the probation officer and sentence the defendant within a Guidelines range different from that identified in the presentence report (PSR), see id., we have never held that the district court must give any notice of its decision to sentence the defendant within the range identified in the PSR. Accordingly, the failure to give such notice is not a basis for appeal. Zapien-Miranda has identified no other basis for jurisdiction over this appeal and we dismiss it. See Pelayo-Bautista, 907 F.2d at 101-02.

4

DISMISSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3