United States v. Eloy Ernesto Martinez, Jr.

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eloy Ernesto MARTINEZ, Jr., Defendant-Appellant. No. 92-50143. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Eloy Ernesto Martinez appeals his sentence imposed under the United States Sentencing Guidelines following entry of a guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Martinez contends that the district court erred by finding that it lacked authority to depart downward from the applicable Guidelines range because of his drug dependence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Generally, a district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 61 U.S.L.W. 3262 (U.S. Oct.…