United States v. Glenn Thomas

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Glenn THOMAS, Defendant-Appellant. No. 93-50461. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 25, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Glenn Thomas appeals his 106-month sentence imposed following his guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a)(d) and using a firearm during a crime of violence in violation of 18 U.S.C. Sec. 924 (c). Thomas contends the district court erred by denying him a downward departure pursuant to U.S.S.G. Sec. 5K2.12 based on imperfect duress. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 A district court's discretionary refusal to depart downward is not reviewable on appeal unless that decision was the result of a legal conclusion that the Guidelines preclude departure. United States v. Brown, 985 F.2d 478, 480 (9th…