United States v. Michael Paul Aguirre

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Paul AGUIRRE, Defendant-Appellant. No. 92-30374. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Michael Aguirre appeals from his 51-month sentence, imposed following his conviction by guilty plea, for possession with intent to distribute lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 841 (a)(1). Aguirre contends that the district court erred by failing to depart below the applicable range under the United States Sentencing Guidelines and by failing to make findings pertinent to his request for departure. We lack jurisdiction to review the district court's discretionary decision not to depart and dismiss the appeal. 3 Although we will review de novo the district court's determination that it lacks discretion to depart…