United States v. Thomas Joseph Trainer

988 F.2d 126 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Joseph TRAINER, Defendant-Appellant. No. 92-30110. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided Feb. 26, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-91-60144-2-MRH; Owen M. Panner, Chief Judge, Presiding. D.Or. DISMISSED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Joseph Trainer appeals his sentence imposed following entry of a guilty plea to manufacturing marijuana in violation of 21 U.S.C. 841(a)(1). Trainer contends that the district court erred by determining that it did not have discretion to depart downward on the basis of youthful lack of guidance. We dismiss the appeal for lack of jurisdiction. 3 A district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Belden, 957 F.2d…