United States v. Kenneth Marshall

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth MARSHALL, Defendant-Appellant. No. 92-10184. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. * Decided Sept. 20, 1993. Before: SNEED, D.W. NELSON and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Marshall ("Marshall") was convicted by a jury of seven counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). He appeals his conviction on two grounds: (1) that the district court erred in excluding expert psychological testimony concerning the voluntariness of his confession; and (2) that the district court erred in failing to depart downward from the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm. 1. Exclusion of Expert Testimony 3 We review a district court's decision to admit or exclude expert testimony for abuse of discretion. United States v. Rahm,…