United States v. Frank Joseph Baca

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Joseph BACA, Defendant-Appellant. No. 93-50795. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 20, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Frank Joseph Baca appeals the 63-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Baca contends the district court erred by denying him a downward departure based upon the overrepresentation of his criminal history, pursuant to U.S.S.G. Sec. 4A1.3, and based upon a combination of factors, pursuant to U.S.S.G. Sec. 5K2.0. We dismiss for lack of jurisdiction. 3 A district court's discretionary refusal to depart downward is not reviewable on appeal unless that decision was the result of a legal conclusion that the Guidelines preclude departure. United States v. Brown, 985 F.2d 478, 480 (9th…