United States v. James Hardcastle

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James HARDCASTLE, Defendant-Appellant. No. 91-50183. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Aug. 29, 1991. Before BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 James Wesley Hardcastle appeals his sentence, imposed following a guilty plea, for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and bail jumping in violation of 18 U.S.C. § 3146 . He contends that the district court erred by failing to recognize its discretion to depart downward from the sentencing range established by the United States Sentencing Guidelines. We dismiss the appeal. 3 We lack jurisdiction to review the district court's discretionary decision not to depart downward from the applicable Guidelines range. United States v. Morales, 898 F.2d 99, 102-03 (9th Cir.1990).…