United States v. Michael Lane Walter

995 F.2d 235 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Lane WALTER, Defendant-Appellant. No. 92-50063. United States Court of Appeals, Ninth Circuit. Submitted March 1, 1993. * Decided June 4, 1993. Before: D.W. NELSON, WIGGINS, AND LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Michael Lane Walter appeals his sentence, imposed under the United States Sentencing Guidelines following his conviction by guilty plea for bank robbery in violation of 18 U.S.C. § 2113 (a). Walter claims that the district court erred by concluding that it did not have authority to depart below the Guideline range based on its finding that Walter's history of childhood abuse was not extraordinary. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. FACTUAL AND PROCEDURAL BACKGROUND 3 On June 11, 1991, Walter committed an unarmed robbery of a Wells Fargo Bank in Cerritos, California. He was apprehended on August 20, 1991,…