United States v. Michael Neal Boyd

19 F.3d 1441 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Neal BOYD, Defendant-Appellant. No. 93-50550. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 14, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael Neal Boyd appeals his 57-month sentence imposed following a guilty plea to aiding and abetting a bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Boyd contends that the district court mistakenly believed it lacked the authority to depart downward from the applicable Guidelines range based upon his alleged overrepresented criminal history category. We affirm. 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). 4 At sentencing, Boyd argued that his criminal history category V…