United States v. Tommie Darrell Whitson

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tommie Darrell WHITSON, Defendant-Appellant. No. 92-50442. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 12, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Tommie Darrell Whitson appeals the 168-month sentence imposed following his plea of guilty to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Whitson contends the district court erred by refusing to depart downward from the applicable Guidelines range based upon the failure of the prison and probation systems to provide him with promised supervision and drug treatment. We lack jurisdiction to review this claim, and we dismiss. 3 We are without jurisdiction to review a district court's discretionary refusal to depart downward from the Sentencing Guidelines. United States v. Rivera, 996 F.2d 993, 997 (1993). "The [district] court's…