United States v. James Francis Brown

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Francis BROWN, Defendant-Appellant. No. 92-30039. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 20, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 James Francis Brown appeals his sentence imposed under the United States Sentencing Guidelines following entry of a guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Brown contends the district court erred by refusing to depart downward from the applicable Guidelines range. We dismiss the appeal. 3 A district court's discretionary refusal to depart downward is not reviewable on appeal. United States v. Robinson, 958 F.2d 268, 272 (9th Cir.1992). 4 At sentencing, Brown argued that the district court should depart downward based upon a "unique" combination of factors including (1) the fact…