United States v. Royland Rice

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Royland RICE, Defendant-Appellant. No. 93-16052. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 8, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Royland Rice appeals his 115-month sentence imposed following a bench trial on four counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). For the first time on appeal, Rice contends the district court erred by failing to depart downward pursuant to U.S.S.G. Sec. 4A1.3 on the ground that his criminal history category overrepresents the seriousness of his criminal conduct. We dismiss this appeal. 3 This court lacks jurisdiction to review a district court's discretionary selection of a sentence within a properly calculated Guideline range. United States v. Young, 988 F.2d 1002, 1004 (9th Cir.1993). Where a defendant failed to ask the…