United States v. Davie Galan Hutchison

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Davie Galan HUTCHISON, Defendant-Appellant. No. 93-50639. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 28, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Davie Galan Hutchison appeals his 51-month sentence imposed following his guilty pleas to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 and conspiracy to launder money instruments in violation of 18 U.S.C. Secs. 371 , 1956(a)(1). Hutchison contends that the district court erred by not departing downward from the applicable Sentencing Guidelines range. We dismiss the appeal. 3 "This court has no jurisdiction to review a sentencing court's refusal to depart downward as long as the court in fact exercised its discretion." United States v. Robinson, 958 F.2d 268, 272 (9th Cir.1992). 4 Here,…