United States v. Brian David Bagwell and David Alexander Medina

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian David BAGWELL and David Alexander Medina, Defendants-Appellants. Nos. 92-30140, 92-30141. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 13, 1993. Before WRIGHT, THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Bagwell and Medina robbed a bank. A gun was used by another of the robbers and the tellers were terrified. Appellants pleaded guilty, but appeal their sentences. They challenge the district judge's refusal to depart downward from the guidelines on the basis of their youth and because their conduct constituted "aberrant behavior." We affirm. 3 I. Facts. 4 On November 6, 1991, appellants Brian Bagwell and David Medina, along with codefendants Oscar Jones and Cocoa Adams, robbed the National Bank of Alaska in Anchorage. During the robbery, defendant Adams brandished a firearm while the others gathered…