United States v. Dennis Lee Franks

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Lee FRANKS, Defendant-Appellant. No. 93-10501. United States Court of Appeals, Ninth Circuit. Submitted June 20, 1994. * Decided June 29, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Lee Franks appeals the sentence imposed under the Sentencing Guidelines following his guilty plea. He contends that the district court failed to state adequately on the record its reasons for imposing a downward departure. We do not have jurisdiction, however, to review such a contention. See United States v. Dickey, 924 F.2d 836, 838 (9th Cir.), cert. denied, 112 S.Ct. 383 (1991); United States v. Vizcarra-Angulo, 904 F.2d 22, 23 (9th Cir.1990). 3 Franks also argues that the district court failed to determine whether he reviewed the presentence report prior to sentencing. We agree that the court's failure violates Federal Rule Criminal…