United States v. Travis Gresham

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Travis GRESHAM, Defendant-Appellant. No. 93-30047. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. 1 Before: BROWNING, SCHROEDER, and HALL, Circuit Judges 2 MEMORANDUM ** 3 Travis Gresham contends that he should be resentenced because the sentencing magistrate judge erroneously concluded that she lacked jurisdiction to depart from the sentencing guidelines. The record does not support Gresham's contention, and accordingly, we dismiss his appeal. 4 We review the record de novo to determine if the district court erroneously concluded that it was not statutorily authorized to depart. United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 113 S.Ct. 234 (1992). If we conclude that the district court's decision not to depart was discretionary, we must dismiss the appeal for lack of appellate jurisdiction.…