United States v. Darnell Earl Johnson

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darnell Earl JOHNSON, Defendant-Appellant. No. 93-30282. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 17, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Darnell Earl Johnson appeal his 108-month sentence imposed following entry of his guilty plea to three counts of distributing cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Johnson contends the district court erred by failing to grant a downward departure based upon Johnson's childhood neglect and "sentencing factor manipulation." We dismiss the appeal. 3 A district court's discretionary refusal to depart downward from the Guidelines is not reviewable on appeal. United States v. Belden, 957 F.2d 671, 676 (9th Cir.), cert. denied, 113 S.Ct. 234 (1992). "Failure to depart without comment on the authority to do so does not convert a…