United States v. Richard Myles Murphy

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Myles MURPHY, Defendant-Appellant. No. 91-50693. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1992. Decided Dec. 15, 1992. As Amended Dec. 23, 1992. Before ALDISERT, * CANBY and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Richard Myles Murphy was convicted by a jury of bank robbery, in violation of 18 U.S.C. § 2113 (a), and sentenced to 168 months in custody, three years of supervised release with special conditions, $125 restitution and $50 special assessment. Murphy appeals his sentence claiming the district court misunderstood its discretion to depart downward and to consider certain mitigating circumstances, imposed a sentence in violation of the eighth amendment, and improperly determined that Murphy was a "career offender." We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742…