United States v. Benjamin Velasquez

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Benjamin VELASQUEZ, Defendant-Appellant. No. 93-50775. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 14, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Benjamin Velasquez appeals the 488-month sentence imposed after he pleaded guilty to two counts of armed bank robbery and two counts of using a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. Secs. 2113 (a)(d) and 924(c). Velasquez contends that the district court erred by refusing to depart downward from the applicable Sentencing Guideline range under the rationale articulated in United States v. Whitehorse, 909 F.2d 316 (8th Cir.1990). We dismiss this appeal for lack of jurisdiction. 3 "We lack jurisdiction to review the district court's discretionary decision not to depart downward." United States v.…