United States v. Eduardo Benjumea

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eduardo BENJUMEA, Defendant-Appellant. No. 89-50341. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 29, 1992. Before TANG, NOONAN, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Eduardo Benjumea appeals from his sentence under the United States Sentencing Guidelines following entry of a guilty plea to conspiracy to distribute heroin in violation of 21 U.S.C. § 846 . Benjumea contends that the district court erroneously believed it lacked authority to depart downward from his guideline range based on his age, health and the forfeiture of his home and car. We have jurisdiction under 28 U.S.C. § 1291 and we dismiss. 3 A district court's discretionary refusal to depart downward from the sentencing Guidelines is not subject to review on appeal. United States v. Koenig, 952 F.2d 267, 273 (9th Cir.1991); United States…