United States v. Geoffrey Edwards Armstrong

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Geoffrey Edwards ARMSTRONG, Defendant-Appellant. No. 92-50563. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMANDUM ** 2 Geoffrey Edwards Armstrong appeals the sentence of 41 months' incarceration, imposed under the United States Sentencing Guidelines (Guidelines), following his conviction by guilty plea for bank robbery in violation of 18 U.S.C. § 2113 (a). Armstrong claims the district court erred, first, by increasing his sentence based on a finding that he made an express threat of death during the robbery and, second, by declining to grant him a downward departure in light of his lack of youthful guidance or extraordinary circumstances. We have jurisdiction under 28 U.S.C. § 1291 to review only the first of Armstrong's claims and we affirm. A.…