United States v. Randy Lee Mora

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy Lee MORA, Defendant-Appellant. No. 91-30148. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 27, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Randy Lee Mora appeals his sentence, following a conviction on a guilty plea, for armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). Mora contends that the district court erred by denying him a downward departure from the applicable range under the United States Sentencing Guidelines based upon an erroneous belief that it had no authority to do so. We dismiss the appeal. 3 A district court's discretionary refusal to depart downward is not reviewable on appeal. United States v. Robinson, No. 89-10439, slip op. at page 2048 (9th Cir. March 2, 1992). 4 At sentencing, Mora requested that the district court depart downward from…