United States v. Jed Sorenson

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jed SORENSON, Defendant-Appellant. No. 93-50262. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 1, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Jed Sorenson appeals from his 37-month sentence imposed following his guilty pleas to possession of a firearm without a serial number in violation of 26 U.S.C. Secs. 5861 (i), 5872, and possession of a machine gun in violation of 18 U.S.C. Sec. 922 (o), 924(d). Sorenson contends the district court erred by (1) determining that it lacked the authority to depart downward based upon aberrant behavior and (2) imposing a punitive fine of $7,500 and a fine of $4,150 for costs of supervision. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 A district court's discretionary refusal to depart downward is not reviewable on appeal unless…