United States v. Anthony William Lankford

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony William LANKFORD, Defendant-Appellant. No. 93-50397. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Anthony William Lankford appeals his sentence imposed following entry of guilty pleas to five counts of unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Lankford contends the district court erroneously concluded that it did not have discretion to depart downward for aberrant behavior. We dismiss the appeal for lack of jurisdiction. 3 Although "[w]e have jurisdiction to review a district court's refusal to depart downward based on its interpretation of law as barring ... departure," United States v. Goroza, 941 F.2d 905, 908 (9th Cir.1991), a district court's discretionary decision not to depart downward is not reviewable on…