United States v. Whitney R. Weidrick

19 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Whitney R. WEIDRICK, Defendant-Appellant. No. 93-30274. 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 Whitney R. Weidrick appeals his 78-month sentence following his guilty plea to possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861 (d). Weidrick contends the district court erred by denying him a downward departure from the applicable Sentencing Guidelines range, pursuant to U.S.S.G. Sec. 5K2.13, based on diminished capacity. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 A district court's discretionary decision not to depart is not reviewable on appeal unless that decision resulted from a legal determination that the Guidelines preclude departure. United States v. Brown, 985 F.2d 478, 480 (9th Cir.1993); see…