United States v. Joseph Howard Sliker

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph Howard SLIKER, Defendant-Appellant. No. 89-10152. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Aug. 28, 1991. Before JAMES R. BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Joseph Howard Sliker appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following a guilty plea for manufacturing methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Sliker contends that the district court erred by failing to exercise its discretion to depart downward from the Guidelines based on the sentencing disparity between Sliker and his codefendants. We lack jurisdiction and dismiss the appeal. 3 A district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Morales, 898 F.2d 99, 102 (9th Cir.1990). Nevertheless,…