United States v. Hector Luis Erquiaga

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector Luis ERQUIAGA, Defendant-Appellant. No. 89-50508. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 13, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Hector Luis Erquiaga appeals his 121-month sentence imposed following a jury trial for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Erquiaga contends that the district court erred by failing to consider his "imperfect duress" defense as a ground to depart downward from the applicable Guidelines range. We dismiss the appeal for lack of jurisdiction. 1 3 We lack jurisdiction to review a district court's discretionary selection of a sentence within a properly calculated Guideline range. United States v. Young, No. 92-10283, slip. op. 2593, 2599 (9th Cir. Mar. 23, 1993); see also United States v.…