United States v. Pedro Pedrianes-Valina

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pedro PEDRIANES-VALINA, Defendant-Appellant. No. 92-50376. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1993. * Decided June 14, 1993. Before: KOZINSKI, SILER ** and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 The district court realized it had discretion to depart for less than minimal role, but consciously chose not to. ASER 16-17, 34. Its refusal to depart on that ground is nonreviewable. United States v. Moss, 972 F.2d 273, 274 (9th Cir.1992). 3 The court correctly held it had no discretion to depart because of disparity in sentences among codefendants. Such departures are permissible only when the disparity is caused by the fact that some defendants were sentenced under the Guidelines while others were sentenced under the pre-Guidelines regime. United States v. Petti, 973 F.2d 1441, 1448 (9th Cir.1992); United States v. Mejia, 953 F.2d…