United States v. Terence Timothy Miguel

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terence Timothy MIGUEL, Defendant-Appellant. No. 92-50572. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 13, 1993. Before: BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Terence Timothy Miguel appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines"), following his conviction by guilty plea for unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). Miguel claims the district court erred by failing to depart downward in light of his Native American heritage and lack of youthful guidance. 3 Although "[w]e have jurisdiction to review a district court's refusal to depart downward based on its interpretation of the law as barring ... departure," United States v. Goroza, 941 F.2d 905, 908 (9th Cir.1991), a district court's discretionary decision not to depart downward is…