United States v. Denise Ann Russell

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Denise Ann RUSSELL, Defendant-Appellant. No. 92-50371. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1992. * Decided March 24, 1993. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Denise Ann Russell appeals from the sentence she received after pleading guilty to a violation of 18 U.S.C. § 1029 (a)(1) (use of counterfeit access devices). The district court sentenced Russell to twenty-seven months imprisonment and three years of supervised release. Russell argues that the district court failed to consider evidence that she suffered from "battered woman's syndrome" which would have supported her request for a downward departure. This issue is not appealable, and we dismiss. 3 Prior to sentencing, Russell asked the district court to make a downward departure from the sentencing guidelines based in part on her…