United States v. Paul A. Talent

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul A. TALENT, Defendant-Appellant. No. 92-10067. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Paul Talent appeals from his 352-month sentence, imposed following his guilty pleas, for conspiracy and attempt to possess with intent to distribute narcotics in violation of 21 U.S.C. §§ 841 (a)(1) and 846, possession of narcotics in violation of 21 U.S.C. § 844 , and being a felon in possession of a firearm and using a firearm during a drug trafficking offense in violation of 18 U.S.C. §§ 922 (g)(1) and 924(c)(1). Talent contends that the district court erred by finding that it lacked authority to depart downward from the applicable range under the United States Sentencing Guidelines because he was a career…