United States v. Paul Bruce Vera

993 F.2d 887 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul Bruce VERA, Defendant-Appellant. No. 92-50657. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Paul Bruce Vera appeals his 27-month sentence after a guilty plea to possession of counterfeit currency in violation of 18 U.S.C. § 472 . Vera contends that the district court erroneously believed that he requested a departure solely based upon substantial cooperation with the government pursuant to U.S.S.G. § 5K1.1, rather than on exceptional acceptance of responsibility. We dismiss the appeal for lack of jurisdiction. 3 A district court's discretionary refusal not to depart downward from the Guidelines is not reviewable on appeal. United States v. Garcia-Garcia, 927 F.2d 489, 490 (9th Cir.1991) (per curiam). 4 Prior to sentencing, Vera…