United States v. Benjamin Duncan

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Benjamin DUNCAN, Defendant-Appellant. No. 92-50238. 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 Benjamin Duncan appeals his sentence imposed following entry of guilty pleas to two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Duncan contends the district court erred by refusing to depart downward from the applicable United States Sentencing Guidelines range because it failed to recognize that it had discretion to do so based upon his youthful lack of guidance. 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, Duncan argued that the district court should depart downward…