United States v. Mark Vernon Anderson

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Vernon ANDERSON, Defendant-Appellant. No. 91-50659. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided July 6, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mark Vernon Anderson appeals his sentence, imposed following conviction on a guilty plea, for armed bank robbery of a financial institution, in violation of 18 U.S.C. §§ 2113 (a) and (d). Anderson 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 affirm. 3 "Although a district court's decision not to depart normally is not reviewable, we will review de novo a district court's legal determination that the Guidelines prevent departure if the court indicated it would…