United States v. Lynn Arthur Jarrett

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lynn Arthur JARRETT, Defendant-Appellant. No. 93-50033. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 1, 1993. Appeal from the United States District Court for the Central District of California, No. CR-92-00789-ER; Edward Rafeedie, District Judge, Presiding. C.D.Cal. DISMISSED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Lynn Arthur Jarrett appeals his sentence imposed following his guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Jarrett contends that the district court erred by refusing to depart downward from the applicable United States Sentencing Guidelines range because it failed to recognize that it had discretion to do so based upon the overrepresentation of Jarrett's criminal history. We dismiss the appeal. 3 A district court's discretionary refusal to depart…