United States v. Robert Earl McAllister

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Earl MCALLISTER, Defendant-Appellant. No. 93-50374. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided April 11, 1994. Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Robert Earl McAllister appeals the sentence imposed upon him by the District Court for his conviction for armed robbery of a bank and for knowingly using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. Sec. 2113 (a)(d) and 18 U.S.C. Sec. 924 (c)(1), respectively. At the sentencing hearing, the District Judge denied McAllister's request for a downward departure based upon his asserted youthful lack of guidance. The District Court determined that amendment Sec. 5H1.12 of the Sentencing Guidelines, which expressly rejects this ground as a basis for departure, could properly be…