United States v. Dion Anthony Matthew

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dion Anthony MATTHEW, Defendant-Appellant. No. 93-30106. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Sept. 29, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Dion Anthony Matthew appeals his 87-month sentence imposed following his guilty plea to distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1). Matthew contends that the district court erroneously interpreted and applied the Sentencing Guidelines in its refusal to depart downward from the applicable Guidelines range. We dismiss the appeal. 3 "This court has no jurisdiction to review a sentencing court's refusal to depart downward as long as the court in fact exercised its discretion." United States v. Robinson, 958 F.2d 268, 272 (9th Cir.1992). 4 Here, Matthew requested a downward departure from the applicable Guidelines range…