United States v. Phillip Joseph Ziretta, Aka: Phillip Joseph Zirretta

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Phillip Joseph ZIRETTA, aka: Phillip Joseph Zirretta, Defendant-Appellant. No. 93-50326. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Phillip Joseph Ziretta appeals his seven-month sentence under the United States Sentencing Guidelines imposed following his guilty plea to bankruptcy fraud in violation of 18 U.S.C. § 152 . Ziretta contends the district court erred by failing to recognize that it had discretion to depart downward pursuant to U.S.S.G. § 5K2.10, based on the victim's misconduct. We dismiss the appeal for lack of jurisdiction. 3 A district court's discretionary refusal depart downward is not reviewable on appeal unless that decision was the result of a legal conclusion that the Guidelines preclude departure. United…