United States v. Gary Lynn Kilbourn

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Lynn KILBOURN, Defendant-Appellant. No. 92-50095. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 19, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Gary Lynn Kilbourn, Jr. appeals his 70-month sentence imposed following entry of a guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Kilbourn contends the district court erred by determining that it had no discretion to depart downward from the applicable Sentencing Guidelines sentencing range based upon his alleged youthful lack of guidance. We dismiss the appeal for lack of jurisdiction. 3 Although a district court's legal determination that it lacked authority to depart downward from the Guidelines is reviewable on appeal, its discretionary refusal to depart is not reviewable. United States v. Belden,…