United States v. Ferdinand Gustave Schaefer

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ferdinand Gustave SCHAEFER, Defendant-Appellant. No. 91-50761. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 13, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Ferdinand Schaefer appeals from his sentence, imposed following a guilty plea, for armed robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). Schaefer contends that the district court erroneously determined that it lacked discretion to depart from the applicable range under the United States Sentencing Guidelines because Schaefer was a career offender. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 As a preliminary matter, the government contends that we should dismiss the appeal because Schaefer waived his right to appeal his sentence unless the district court imposed a sentence greater than that recommended…