United States v. Darin Richard Webster

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darin Richard WEBSTER, Defendant-Appellant. No. 92-30288. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 1, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-92-25-01-OMP; Owen M. Panner, Chief Judge, Presiding. D.Or. AFFIRMED IN PART, VACATED AND REMANDED IN PART. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Darin Richard Webster appeals from his 51-month sentence, imposed following a guilty plea, for bank robbery in violation of 18 U.S.C. § 2113 (a). Webster contends that the district court erred by (1) increasing his offense level under the United States Sentencing Guidelines for making an "express threat of death" during the robbery, and (2) failing to recognize its discretion to depart downward from the applicable Guidelines range due to his…