United States v. Jerry Lee Crosby

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry Lee CROSBY, Defendant-Appellant. No. 92-50470. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1993. * Decided May 27, 1993. Before: CHOY, GOODWIN and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Jerry Lee Crosby pled guilty to three counts of unarmed bank robbery and was sentenced to 121 months in prison. Crosby appeals from his sentence, arguing that the district court erroneously believed that it lacked the authority to make a downward departure from the sentencing guidelines. 3 The Probation Office determined the applicable sentencing guideline range to be 97 to 121 months. Crosby requested a downward departure on the ground that he suffered from extraordinary psychiatric illness. The government opposed this request on the following grounds: 1) the guidelines authorize departure for mental illness only in the case of "reduced…