United States v. Terrell Thompson

Good Law
8 F.3d 33·1993 WL 414211·1993 U.S. App. LEXIS 34085
United States Court of Appeals for the Ninth CircuitOctober 18, 199392-10407California652 words

Opinion

Opinion

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terrell THOMPSON, Defendant-Appellant. No. 92-10407. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Oct. 18, 1993. Before: FLETCHER, POOLE, and O'SCANLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Terrell Thompson appeals his 151-month sentence imposed under the United States Sentencing Guidelines following his conviction by guilty plea for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). Thompson contends that although the district court departed downward from the applicable Guidelines range, it would have granted a greater departure had it not erroneously believed that it had no authority to depart further based on a combination of factors. We dismiss the appeal for lack of jurisdiction. 3 "Although a district court's decision to depart normally is not reviewable, we will review de novo a…

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