United States v. Gregg Allan Byzewski

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregg Allan BYZEWSKI, Defendant-Appellant. No. 92-30276. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. ** Decided Jan. 11, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Gregg Allan Byzewski appeals his sentence imposed following entry of a guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Byzewski contends the district court erred by refusing to depart because his criminal history category overstated the seriousness of his past criminal conduct. In addition, he contends the district court failed to consider the mitigating factors of his drug and alcohol rehabilitative efforts and youthful lack of guidance when declining to depart downward. We dismiss the appeal. 3 A district court's discretionary refusal to depart downward is not reviewable on…