United States v. Carlos Fernando Padilla

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos Fernando Padilla, Defendant-Appellant. No. 91-50344. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1992. * Decided May 11, 1992. Before HUG, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM *** 2 Carlos Fernando Padilla appeals from his sentence, following entry of guilty pleas, for bank robbery and use of a dangerous weapon in violation of 18 U.S.C. §§ 2113 (a) and (d). Padilla contends that the district court erred by failing to recognize its discretion to depart below the range established by the United States Sentencing Guidelines for career offenders. We lack jurisdiction to review the district court's discretionary decision and dismiss the appeal. 3 We review de novo the district court's interpretation and application of the Sentencing Guidelines. United States v. Carvajal, 905 F.2d 1292, 1294 (9th Cir.1990).…