United States v. Lowell Edward Jackson

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lowell Edward JACKSON, Defendant-Appellant. No. 93-30024. United States Court of Appeals, Ninth Circuit. Submitted Jan. 7, 1994. * Decided Jan. 12, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Lowell Jackson appeals the sentence imposed following his plea of guilty to distributing cocaine. He argues that the district court erred in failing to depart downward and in calculating his base offense level. We affirm. 4 * Jackson challenges the district court's decision not to depart downward from the Sentencing Guideline range, arguing that his criminal history category over-represented his actual criminal history. However, "we do not have jurisdiction to review a district court's discretionary decision not to depart from the Sentencing Guidelines." United States v. Morales, 972 F.2d 1007, 1011 (9th Cir.1992), cert.…