United States v. Thomas Barret Graham

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Barret GRAHAM, Defendant-Appellant. No. 94-50105. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994. * Decided Sept. 19, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Graham appeals his 41-month sentence for unarmed bank robbery. He argues that the district court erred by not granting a downward departure for aberrant behavior. Because we do not have jurisdiction, we dismiss the appeal. 3 Graham pleaded guilty to the $300 robbery and, in a written plea agreement, admitted to another unarmed bank robbery for which he was not indicted. The agreement allowed both robberies to be considered in sentencing. 4 Graham requested a downward departure claiming that his offense was aberrant behavior. At sentencing, the court said: 5 I think you present enough to correctly argue that there is a basis for a…