United States v. Michael Lane Walter

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Lane WALTER, Defendant-Appellant. No. 92-50063. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 27, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Lane Walter appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines"), following his conviction by guilty plea for bank robbery in violation of 18 U.S.C. § 2113 (a). Walter claims the district court erred by concluding it did not have authority to depart below the Guidelines based on his childhood history of abuse. We lack jurisdiction to hear this appeal and we dismiss. 3 The district court may impose a sentence below the Guidelines range if it discerns a " 'mitigating circumstance that was not adequately taken into consideration by the Sentencing Commission in formulating the…