United States v. Dwight D. Armelin

19 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dwight D. ARMELIN, Defendant-Appellant. No. 93-50464. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 28, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Dwight D. Armelin appeals the 123-month sentence imposed following his guilty pleas to armed bank robbery and using and carrying a firearm during a crime of violence in violation of 18 U.S.C. Secs. 2113 (a)(d), 924(c)(d). Armelin contends that the district court erred by refusing to depart downward from the applicable Guidelines range based upon a codefendant's alleged threats which prevented him from rendering promised assistance to the government. We lack jurisdiction to review this claim, and we dismiss. 3 "[W]e lack jurisdiction to review a district court's discretionary refusal to depart downward from the Sentencing Guidelines." United States…